Equipo Nizkor - South Africa: Geneva Convention Government Notice No. 937 of 1915.

Geneva Convention
3rd September, 1915
Prohibition under the Geneva Convention Act, 1911, of the Unauthorized use of the Red Cross Emblem

His Excellency the Governor-General-in-Council has been pleased, under article three of the Geneva Convention Act, 1911 (Union of South Africa), Order-in-Council, 1913 (the said Order being set forth in the First Schedule thereto), to declare the 1st day of October, 1913, to be the date on and after which the said Order-in-Council was of force and effect.

It is further notified that the Geneva Convention Act, 1911 (as set forth in the Second Schedule hereto), has been of force and effect within the Union since the date of the passing of that Act, namely, the 18th day of August, 1911.

Consequently the period of four years mentioned in sub-section (3) of section one of that Act, wherein the "Red Cross" or "Geneva Cross" emblem could, under the circumstances set forth in that sub-section, continue to be used as a trade mark, has lapsed from and after the 18th day of August, 1915.

From the date last mentioned, therefore, it is an offence, in terms of sub-section (1) of section one of the Act as adapted by the said Order to use the said emblem of the "Red Cross" or "Geneva Cross" for the purpose of trade or business or for any other purpose whatsoever without the authority of His Excellency the Governor-General-in-Council. Government Notice No. 1527 of 1913, dated 26th September, 1913, is hereby cancelled.

First Schedule

At the Court at Buckingham Palace
the 12th day of August, 1913

present:
THE KING'S MOST EXCELLENT MAJESTY
Lord President
Sir William Carington
Mr. Secretary Harcourt
Mr. Fischer
Sir Louis Mallet

WHEREAS by the Geneva Convention Act, 1911, it is enacted that from the commencement of the said Act it shall not be lawful for any person to use for the purposes of his trade or business, or for any other purpose whatsoever, without the authority of the Army Council, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words "Red Cross" or "Geneva Cross", and that if any person acts in contravention of this provision he shall be guilty of an offence against the said Act and shall be liable on summary conviction to a fine not exceeding ten pounds, and to forfeit any goods upon or in connection with which the emblem or words were used.

And whereas it is also enacted that proceedings under the said Act shall not in England or Ireland be instituted without the consent of the Attorney-General.

And whereas it is also enacted that the said Act shall extend to His Majesty's Possessions outside the United Kingdom subject to such necessary adaptations as may be made by Order-in-Council;

And whereas it is expedient that certain adaptations should be made in the said Act with regard to its application to the Union of South Africa;

Now, therefore, by virtue and in exercise of the powers in this behalf by the said Act or otherwise vested in His Majesty, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows:–

(1) This Order-in-Council may be cited for all purposes as the Geneva Convention Act, 1911, (Union of South Africa), Order-in-Council, 1913.

(2) The Geneva Convention Act, 1911, in its application to the Union of South Africa shall be adapted as follows:–

(i) The powers by the said Act vested in the Army Council shall be vested in the Governor-General-in-Council of the Union of South Africa.

(ii) Proceedings under the said Act shall not be instituted without the consent of the Minister of Justice for the Union of South Africa.

(3) This Order shall come into force on a date to be fixed by the Governor-General-in-Council of the Union of South Africa.

Almeric Fitzroy

Second Schedule

(1 & 2 Geo. 5) Geneva Convention Act, 1911 (Ch. 20)

An Act to make such amendments in the Law as are necessary to enable
certain reserved provisions of the Second Geneva Convention to be carried into effect.

[18th August, 1911]

WHEREAS His Majesty has ratified, with certain reservations, the Convention for the amelioration of the condition of the wounded and sick of armies in the field, drawn up in Geneva in the year one thousand nine hundred and six, and it is desirable, in order that those reservations may be withdrawn, that such amendments should be made in the law as are in this Act contained;

Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:–

1. (1) As from the commencement of this Act it shall not be lawful for any person to use for the purposes of his trade or business, or for any other purpose whatsoever, without the authority of the Army Council, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words "Red Cross" or "Geneva Cross", and, if any person acts in contravention of this provision, he shall be guilty of an offence against this Act, and shall be liable on summary conviction to a fine not exceeding ten pounds, and to forfeit any goods upon or in connection with which the emblem or words were used.

(2) Where a company or society is guilty of any such contravention, without prejudice to the liability of the company or society, every director, manager, secretary, and other officer of the company or society who is knowingly a party to the contravention shall be guilty of an offence against this Act and liable to the like penalty.

(3) Nothing in this section shall affect the right (if any) of the proprietor of a trade mark registered before the passing of this Act, and containing any such emblem or words, to continue to use such trade mark for a period of four years from the passing of this Act, and, if the period of the registration or of the renewal of registration of any such trade mark expires during those four years, the registration thereof may be renewed until the expiration of those four years, but without payment of any fee.

(4) Proceedings under this Act shall not in England or Ireland be instituted without the consent of the Attorney-General.

(5) This Act shall extend to His Majesty's Possessions outside the United Kingdom, subject to such necessary adaptions as may be made by Order-in-Council.

2. This Act may be cited as the Geneva Convention Act, 1911.

03Sep1915 - ZAF

Geneva Convention Government Notice No. 937 of 1915

Almeric Fitzroy

[Source: International Committee of the Red Cross.]

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