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Ord. No. 69/80
Goods liable to forfeiture.
Application for
forfeiture.
TRADE DESCRIPTIONS
30. (1) Any goods in respect of which an offence under this Ordin- ance has been committed shall be liable to forfeiture, whether of
t any person has been convicted of any such offence.
(2) Where goods are seized or detained by an authorized officer under section 15 the Director may at any time release such goods to the person who appears to him to be the owner thereof or to the authorized agent of the owner.
(3) Where the goods have not been released and an application for their forfeiture is to be made under section 31(1) the Director shall serve notice upon the owner of the goods requiring him to notify the Director in writing within the appropriate period under subsection (5) if he claims that the goods are not liable to forfeiture:
Provided that, if there is more than one owner of the goods, it shall be sufficient for the purposes of this subsection to give notice to one such
owner.
(4) A notice under subsection (3) shall be deemed to have been duly served if—
(a) it is delivered to the person on whom it is to be served;
(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or
(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited at the head office of the Trade, Industry and Customs Department for a period of not less than 7 days.
(5) Where a notice is served under subsection (3) in respect of any goods seized or detained under this Ordinance any person (hereinafter in this section and in section 31 referred to as the claimant)—
(a) who is the owner thereof or the authorized agent of the owner;
or
(b) who was in possession of the goods when they were seized or
detained,
may, within 30 days of—
(i) the date of the notice, if it is served under subsection (4)(a)
or (b); or
(ii) the first day on which it is exhibited, if it is served under
subsection (4)(c),
give notice in writing to the Director that he claims that the goods are not liable to forfeiture.
(6) If, on the expiry of the appropriate period of time specified in subsection (5) for the giving of a notice of claim under that subsection, no such notice is given in writing to the Director, and the goods in respect of which notice is given under subsection (3) have not been released, they shall be forfeited to the Crown.
(7) Where goods seized or detained under section 15 are goods to which a forged trade mark is applied, or to which a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, the Director shall, wherever reasonably practicable, notify the proprictor of the trade mark or his agent.
31. (1) Where a notice of claim is given under section 30(5) and the Director does not release the goods to the claimant, the Attorney
TRADE DESCRIPTIONS
Ord. No. 69/80
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General on behalf of the Director may apply to a magistrate, the District Co or the High Court as the Attorney General thinks fit for the for re of the goods.
(2) Where an application under subsection (1) is made to the District Court or the High Court, it shall be made and proceeded with in accordance with rules of court, and may be begun by motion.
(3) Where an application under subsection (1) is made to a magistrate, the magistrate shall issue a summons to the claimant requiring him to appear before a magistrate on the hearing of the application and shall cause a copy of such summons to be served upon the Director.
(4) Subject to the provisions of this Ordinance an application to a magistrate under subsection (1) shall be deemed to be a complaint for the purposes of section 8 of the Magistrates Ordinance.
(5) If, on the hearing of the application under subsection (1)—–— (a) neither the claimant nor any other person appears before the court or magistrate to make a claim and the court or magistrate is satisfied that notice of the date of the hearing issued in ac- cordance with rules of the court under subsection (2) or the summons issued under subsection (3), as the case may be, was duly served on the claimant; or
(b) neither the claimant nor any person satisfies the court or
magistrate that he has a claim,
and the court or magistrate is satisfied that the goods are liable to forfeiture, the court or magistrate shall order that the goods be forfeited to the Crown.
(6) If, on the hearing of the application under subsection (1), the court or magistrate is satisfied that--
(a) the goods are liable to forfeiture; and (b) a person has a claim thereof,
the court or magistrate may order that-
(i) the goods be forfeited to the Crown; (ii) the goods be destroyed;
(iii) any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be disposed of in such manner and subject to any such condition as the court or magistrate may specify in the order; or
(iv) any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be released to the owner thereof or the authorized agent of the owner subject to any condition which the court or magistrate may specify in the order.
(7) On the hearing of an application under subsection (1) a certified true copy of the record of any proceedings in respect of an offence under this Ordinance shall be admissible in evidence.
PART IV
MISCELLANEOUS
(Cap. 227.)
Trade marks
32. The fact that a trade description is a trade mark, or part of a trade mark, does not prevent it from being a false trade description containing trade when applied to any goods, except where the following conditions are satisfied, that is to say-
[cf. 1968 c. 29, 1. 34.]
descriptions.