656
THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
Repeal of Art. 32 in the
Schedule of
Ord. No. 16 of
1886.
This Ordi-
tance and
No. 16 of 1886
* to be read as
one.
Amendment
of Art. 32 in
the Schedule
of Ord. No. 16 of 1886.
DRAFT BILL
ENTITLED
An Ordinance to amend Ordinance No. 16 of 1886, entitled “The Stamp Ordinance."
BE enacted and consent of the Legislative Council
Eit enacted by the Governor of Hongkong, with
thereof, as follows:-
1. Article 32 in the Schedule of Ordinance No. 16 of 1886 is hereby repealed, but such repeal shall not affect anything lawfully done thereunder.
2. This Ordinance shall be read and construed as one with Ordinance No. 16 of 1886, and instead of the repealed article, the following words and figures shall be inserted in lieu thereof :-
32. Receipt or Discharge given for the payment of) money, or in acquittal of a debt paid in money or other- wise, when the sum received, discharged or acquitted exceeds $10,
3 cents.
Exemptions.-Letter acknowledging the arrival of a Cur- rency or Promissory Note, Bill of Exchange, or any security for money, Recript or Debit Note for the Premium on a duly stamped Policy of Insurance. Receipts for pay and allow- ances of persons in the service of the Imperial or Colonial Government whether Civil, Narul, or Military,
Short title.
Offencer an
to trade marks and trade descriptions.
(50 & 51,
V. c. 29,
1.2)
A BILL
ENTITLED
An Ordinance to amend the Law relating to Fraudulent Marks on Merchandise.
BE
E it enacted by the Governor of Hongkong, by and with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as The Merchandise Marks Ordinance, 1890.
2. (1.) Every person who
(a.) forges any trade mark; or
(b.) falsely applies to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive; or
(c.) makes any die, block, machine, or other instru- ments for the purpose of forging, or of being used for forging, a trade mark; or
(d) applies any false trade description to goods; or (e.) disposes of, or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or
(f) causes any of the things above in this section
mentioned to be done;
shall, subject to the provisions of this Ordinance, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Ordinance.
(2.) Every person who sells, or exposes for, or has in his possession for sale, or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves
(a.) that having taken all reasonable precautions against committing an offence against this Ordi- nance, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the trade mark, mark, or trade description; and
(b.) that on demand made by or on behalf of the pro- secutor, he gave all the information in his power with respect to the persons from whom he ob- tained such goods or things; or
(c.) that otherwise he had acted innocently; be guilty of an offence against this Ordinance.
(3.) Every person guilty of an offence against this Ordi- nance shall be liable
(i.) on conviction before the Supreme Court to impri- sonment, with or without hard labour, for a term not exceeding two years, or to a fine, or to both imprisonment and fine; and