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Ord. No. 2/87
TRADE DESCRIPTIONS (AMENDMENT)
HONG KONG
L.S.
No. 2 of 1987
I assent.
David AKERS-JONES, Acting Governor.
8 January 1987
An Ordinance to amend the Trade Descriptions Ordinance.
[9 January 1987]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
Short title.
1. This Ordinance may be cited as the Trade Descriptions (Amend- ment) Ordinance 1987.
Addition of new sections 16A, 16B and 16C.
(Cap. 362.)
The principal Ordinance is amended by adding after section 16 the
2. following-
"Power to
16A. (1) An authorized officer may, for the purpose of
detain goods by detaining, under section 15— locking or sealing premises or container.
(a) any goods in respect of which he has reasonable cause to suspect that an offence under this Ordin- ance has been or is being committed; and
(b) anything which he has reason to believe may be re- quired as evidence in proceedings for an offence under this Ordinance,
place a lock or seal on any premises or container in which the goods or things are.
(2) If a lock or seal is placed on any premises or con- tainer under subsection (1), the period for which the lock or seal is placed shall not exceed 7 days without the consent in writing of the owner of the premises or container, or his authorized agent.
TRADE DESCRIPTIONS (AMENDMENT)
Powers of arrest of authorized officers.
(Cap. 232.)
Disclosure of information,
etc.
Ord. No. 2/87
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(3) If an authorized officer has placed a lock or seal on any premises or container under subsection (1), any person who breaks or interferes with such lock or seal commits an offence unless he does so-
(a) in the bona fide belief that it is necessary immedi- ately to break or interfere with the lock or seal in order to prevent—
(i) injury being suffered by any person; or
(ii) damage being incurred to any such premises or container, as the case may be; or
(b) in the exercise of his duties as a public officer.
16B. (1) An authorized officer may, subject to sub- section (2), arrest or detain for further enquiries without warrant any person whom he reasonably suspects of having committed any offence under this Ordinance.
(2) An authorized officer who arrests any person under subsection (1) shall forthwith take the person to a police station or, if further enquiries are necessary, first to an office of the Customs and Excise Department and then to a police station, there to be dealt with in accordance with the pro- visions of the Police Force Ordinance:
Provided that in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.
(3) If any person forcibly resists or attempts to evade arrest under this section, the authorized officer may use such force as is reasonably necessary to effect the arrest.
16C. (1) Where goods seized or detained under section 15 are, or are reasonably suspected by the Commissioner to be, 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 Commissioner shall, wherever reasonably practicable, notify the proprietor of the trade mark or his authorized agent of the seizure or detention, as the case may be.
(2) In the circumstances specified in subsection (1), the Commissioner may disclose to the proprietor of the trade mark or to his authorized agent-
(a) the time, and the address of the place, of seizure or
detention of the goods;
(b) the name and address of the person from whom the
goods have been seized or detained;
(c) the nature and quantity of the goods seized or de-
tained;
(d) any statement made to the Commissioner by any person in connexion with the seizure or detention, either with the prior consent in writing of that