THE HONGKONG GOVERNMENT GAZETTE, 1st AUGUST, 1891.
GOVERNMENT NOTIFICATION.-No. 334.
The following Regulations are published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 1st August, 1891.
713
W. M. GOODMAN, Acting Colonial Secretary.
Regulations made by the Governor in Council under Section 14 of "The Merchandize Marks Ordinance, 1890,”
on the 13th day of July, 1891.
Whereas by the Merchandize Marks Ordinance No. 15 of 1890, (hereinafter called "the Ordi- nance," )
After various provisions against the sale, or exposure for sale, or possession for sale, trade, or manufacture, of goods with forged trade marks or false trade descriptions, or trade marks falsely applied to them;
And after defining, (amongst other things), the expression "trade mark" in manner therein set forth, with reference to "The Patents, Designs and Trade Marks Acts, 1883 to 1888," and the law of indicated British Possessions and Foreign States;
And after defining the expression trade description" as any description, statement or other indication, direct or indirect, as to number, quantity, measure, gauge, or weight of goods, as to place or country in which any goods were made or produced, as to the mode of manufacturing or producing any goods, or as to the material of which any goods are composed, or as to any goods being the subject of any existing patent, privi- lege or copyright;
And after defining the expressions "false trade description," and "goods," "apply," and
"falsely apply;"
It is provided by Section 14 that,
(i.) All such goods as above mentioned, and
(ii.) All goods of foreign manufacture, bearing any name or trade mark, being or purporting to be, the name or trade mark of any manufacturer, dealer, or trader, in the United Kingdom, unless such name or mark be accompanied by definite indication of the country in which such goods were made or produced,
shall be prohibited to be imported, and, may be destroyed or otherwise disposed of as the Superintendent of Imports and Exports (hereinafter called the Superintendent) may
direct.
And whereas by Section 16 of the Ordinance after authorizing the continued use of trade descriptions lawfully and generally applied to goods of the particular class, or manu- factured by a particular method, to indicate such class or method, it is provided that, where such trade description includes the name of a place or country calculated to mis- lead as to where the goods were actually made or produced, such goods not having been actually made or produced there, the said reciting section should not apply, (and, con- sequently, goods so marked would be prohibited), unless there be added to the trade description, immediately before or after the name of the place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or pro- duced there.
And whereas it is also provided, by the said Section 14 that the Governor in Council may, from time to time, make, revoke and vary regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited as herein- before mentioned, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such Regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of the said section, and the mode of verification of such evidence.
And it is further provided by the said last-mentioned section:--
That before detaining goods or taking proceedings with a view to the forfeiture thereof under the law relating to the Ordinance, the Superintendent may require that such Regulations as aforesaid shall be complied with, and satisfy himself as to the liability of the goods to forfeiture.
That such Regulations may apply to all goods, the importation of which is pro- hibited by the said section, or different Regulations may be made respecting different classes of such goods.