A388
Ord. No. 69/80
Short title and commencement.
Interpretation.
(Cap. 43.)
[ef. 1968 c. 29.
s. 3.)
L.S.
TRADE DESCRIPTIONS
HONG KONG
No. 69 OF 1980
I assent.
MURRAY MACLEHOSE,
Governor.
4 December 1980.
An Ordinance to prohibit false trade descriptions, false marks and misstate- ments in respect of goods provided in the course of trade; to confer power to require information or instruction relating to goods to be marked on or to accompany the goods or to be included in advertise- ments; to prohibit the unauthorized use of devices or emblems signi- fying an award by the Queen or the Governor; to restate the law relating to forgery of trade marks; to repeal the Merchandise Marks Ordinance; and for purposes connected therewith.
[
J
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
PART I
PRELIMINARY
1. This Ordinance may be cited as the Trade Descriptions Ordin- ance 1980 and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
2. (1) In this Ordinance, unless the context otherwise requires- "advertisement" includes a catalogue, a circular and a price list;
"authorized officer" means a public officer appointed under section 14;
"Convention_country" has the meaning assigned to it by section 13A(6)
of the Trade Marks Ordinance;
"Director" means the Director of Trade, Industry and Customs, and includes the Commissioner of Trade, Industry and Customs and any Deputy or Assistant Commissioner of Trade, Industry or Customs; "false trade description" means--
(a) a trade description which is false to a material degree;
(b) a trade description which, though not false, is misleading, that is to say, likely to be taken for such an indication of any of the matters specified in the definition of "trade description" as would be false to a material degree;
(c) anything which, though not a trade description, is likely to be taken for an indication of any of the matters specified in the definition of "trade description" and, as such an indication, would be false to a material degree;
TRADE DESCRIPTIONS
Ord. No. 69/80
A389
a false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognized by any person or implied by the approval of any person if there is no such person or no standard so specified, recognized or implied; or
(e) a false indication, or anything likely to be taken as an indication which would be false, that any goods of any class or type-
(i) being goods in respect of which duty is payable under the laws of Hong Kong, are supplied free of the duty so payable in respect of that class or type of goods; or
(ii) not being goods in respect of which duty is payable under the laws of Hong Kong, are supplied free of the duty so payable;
"goods" includes vessel and aircraft, things attached to land and growing
crops;
"goods in transit" means goods which—
(a) are brought into Hong Kong solely for the purpose of taking
them out of Hong Kong; and
(b) remain at all times in or on the vessel, aircraft or vehicle in or
on which they are brought into Hong Kong;
"import" means to bring, or cause to be brought, into Hong Kong;
"premises" includes any place and any stall,vehicle, vessel or aircraft;
"trade description" means an indication, direct or indirect, and by what- lef. 1968 c. 29.
ever means given, of any of the following matters with respect to . 2(1).] any goods or parts of goods, that is to say-
(a) quantity (which includes length, width, height, area, volume,
capacity, weight and number), size or gauge;
(b) method of manufacture, production, processing or reconditioning;
(c) composition;
(d) fitness for purpose, strength, performance, behaviour or accuracy;
(e) any physical characteristics not included in the preceding
paragraphs;
(f) testing by any person and results thereof;
(g) approval by any person or conformity with a type approved
by any person;
(h) place or date of manufacture, production, processing or re-
conditioning;
(i) person by whom manufactured, produced, processed or recon-
ditioned;
(i) other history, including previous ownership or use;
"trade mark" means-
(a) a trade mark registered in Hong Kong under the Trade Marks (Cap. 43.)
Ordinance;