Sir,
DRAFT SPEECH BY HON MARTIN LEE, QC, JP LEGISLATIVE COUNCIL 7 JANUARY 1987
TRADE DESCRIPTIONS (AMENDMENT) BILL 1986
The LegCo Ad Hoc Group set up to examine the Trade
Descriptions (Amendment) Bill 1986 supports this Bill in
principle. In particular we welcome the provisions in the
proposed new Section 16C relating to disclosure of information
to trade mark proprietors regarding suspected contraventions of
the Ordinance. This will assist plaintiff proprietors to take
civil action against those involved with spurious goods and
accordingly will enhance Hong Kong's image in international
trade. After detailed examination of the Bill, we have
proposed several amendments and these have all been accepted by
the Administration. My colleague, Hon CHUNG Pui-lam, will move
them at committee stage. I wish to elaborate only on three of
them, on Sections 16A, 16B and 30 respectively.
Section 16A deals with the Administration's power to
detain suspected goods by sealing or locking in any premises or
container in which the goods are. Whilst we fully understand
the Administration's practical need to detain in situ certain
suspected goods such as those that are perishable, heavy or
bulky, we are also conscious of the need to protect the owner
of the premises or container against any unnecessary losses and