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THE HONG KONG GOVERNMENT GAZETTE, APRIL 13, 1934.
EXECUTIVE COUNCIL.
No. 272
Hong Kong.
ORDINANCE No. 4 of 1890. (MERCHANDISE MARKS).
In exercise of the powers conferred by section 19 of the Merchandise Marks Ordinance, 1890, (Ordinance No. 4 of 1890 as amended by Ordinance No. 2 of 1934) the Governor in Council makes the following regulations :-
Regulations with regard to the Prosecution of offences by the Crown or other public officers under the Merchandise
Marks Ordinance, 1890,
1. The prosecution of offences under the Merchandise Marks Ordinance, 1890, and any Ordinance amending the same, may, subject to the conditions hereinafter prescribed, be undertaken by the Crown or by the Superintendent of Imports and Exports in cases which appear to the Attorney General or to the said Superintendent, as the case may be, to affect the general interests of the Colony, or of a section of the community, or of a trade.
2. Before undertaking a prosecution the Attorney General or the Superintendent of Imports and Exports, as the case may be, may require to be furnished by an applicant with a statement in writing briefly setting forth the nature and circumstances of the case.
3. If, after consideration of the circumstances the the Attorney General or the Superintendent of Imports and Exports, as the case may be, is satisfied that they disclose a case proper for him to entertain, he may indicate to the applicant what further or other information or evidence is in his opinion necessary to enable him to undertake the pro- secution and may require him to take steps to obtain it, including where necessary the purchase of goods in respect of which the complaint is made. If the Attorney General or the Superintendent of Imports and Exports, as the case may be, considers it desirable to do so in any particular case, he may obtain the necessary evidence or any part thereof through. the police or through his own officers or agents.
4. For the purpose of obtaining such evidence, whenever the Attorney General or the Superintendent of Imports and Exports, as the case may be, shall have reasonable cause for suspecting that goods in respect of which the complaint is made are in or upon any vessel, or are in or upon any wharf, godown or premises in the Colony, it shall be lawful for him or any officer deputed by him to enter such vessel, wharf, godown or premises, and to seize and detain any suspected goods found there.