A402
Ord. No. 69/80
(Cap. 43.)
Definition Orders.
[cf. 1968 c. 29, 8. 7.1
Saving for
civil rights.
[cf. 1968 c. 29. B. 35.]
Compensation
for loss of goods seized under section 15(1)(.
(cf. 1968 c. 29. s. 33.]
TRADE DESCRIPTIONS
(a) that it could have been lawfully applied to the goods if this
Ordinance had not been enacted;
(b) that the trade mark as applied is used to indicate such
TRADE DESCRIPTIONS
Ord. No. 69/80
A403
No proceedings shall be maintainable in respect of any claim pensation on any of the grounds referred to in subsection (1) unless the proceedings are commenced-
for
Zon-
nexion between the goods and the proprietor of the trade mark or a person registered under section 58 of the Trade Marks Ordinance as a registered user of the trade mark; and
(c) that the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on the commencement of this Ordinance.
33. Where it appears to the Governor in Council-
(a) that it would be in the interest of persons to whom any goods
are supplied; or
(b) that it would be in the interest of persons by whom any goods are exported and would not be contrary to the interest of persons to whom such goods are supplied in Hong Kong, that any expressions used in relation to the goods should be understood as having definite meanings, the Governor in Council may by regulations assign such meanings either-
(i) to those expressions when used in the course of a trade or business as, or as part of, a trade description applied to the goods; or
(ii) to those expressions when so used in such circumstances as may
be specified in the regulations,
and where such a meaning is so assigned to an expression, it shall be deemed for the purposes of this Ordinance to have that meaning when used as referred to in paragraph (i) or, as the case may be, paragraph (ii) of this section.
34. A contract for the supply of any goods shall not be void or unenforceable by reason only of a contravention of any provision of this Ordinance.
35. (1) Where any goods are seized or detained by an authorized officer under section 15 the Government shall, subject to this section, be liable to compensate the owner of the goods for any loss suffered by him by reason of the seizure or detention thereof or by reason that the goods, during the detention, are lost or damaged or deteriorate; but the owner shall not be entitled to compensation for any such loss if→
(a) the goods are forfeited;
(b) he is convicted of an offence under this Ordinance committed in
relation to the goods; or
(c) an order has been made in respect of the goods under section
31(6).
(2) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—
(a) the owner of the goods;
(b) the person in charge or control of the goods at the time they
were seized;
"
(a) in the case of a claim for compensation in respect of goods released to their owner by order of a court or magistrate or by any person having authority to release the goods to him, not later than 6 months after the release thereof;
(b) in the case of a claim for compensation on the ground that any goods were lost during the detention thereof, not later than 6 months after-
(i) the discovery by the owner of the existence of such ground; or
(ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the existence of such ground, whichever is the earlier,
36. (1) The Merchandise Marks Ordinance is repealed.
Repeal. (Cap. 41.) (Cap. 41.
(2) The Merchandise Marks (Official Prosecutions) Regulations and the Merchandise Marks (Seizure of Prohibited Goods) Regulations are sub. leg.) revoked.
37. (1) Section 20 of the Agriculture Pesticides Ordinance is amended Consequential by deleting "the Merchandise Marks Ordinance" and substituting the amendments, following-
"the Trade Descriptions Ordinance 1980".
(Cap. 133.)
(2) The Second Schedule to the Customs and Excise Service Ordin- (Cap. 342.) ance is amended by deleting "Merchandise Marks Ordinance" and sub- stituting the following-
Number of carats
8
9
12
14
15
18
22
"Trade Descriptions Ordinance 1980".
[s. 3.]
Indicates gold of fineness of
SCHEDULE
TABLE
333 parts per thousand
375 parts per thousand
500 parts per thousand
585 parts per thousand
625 parts per thousand
750 parts per thousand
916.6 parts per thousand
and so in proportion for any other number of carats.
Passed by the Hong Kong Legislative Council this 3rd day of December 1980.
LORNA LEUNG,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
(c) the agents of the person specified in paragraphs (a) and (b); and (d) authorized officers, public officers and other persons concerned.
LORNA LEUNG,
Clerk to the Legislative Council.