THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1899.
tions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the Colony, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and
(b) that he took reasonable precautions against com-
mitting the offence charged; and
(c.) that he had, at the time of the commission of the alleged offence, no reason to suspect the genuine- ness of the trade mark, mark, or trade descrip- tion; and
(d) that he gave to the prosecutor all the information in his power with respect to the persons on whose behalf the trade mark, mark, or descrip- tion was applied,
be shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless be has given due notice to him that he will rely on the above defence.
7. Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks shall primâ facie be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for or having in possession for sale, or any purpose of trade or manufacture, goods with a falso trade description, shall apply accordingly, and for the pur- poses of this section the expression "watch means all that portion of a watch which is not the watch case.
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8. In any information, pleading, proceeding, or document, in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.
9. In any prosecution for an offence against this Ordi-
nance,-
(1.) A defendant, and his wife or her husband, as the case may be, may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined in like manner as any other witness.
(2.) In the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced.
10. Any person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony would under this Ordinance be a misdemeanour, shall be guilty of that misdemeanour as a principal, and be liable to be proceeded against, tried, and convicted in the Colony as if the misdemeanour had been there committed.
11. (1.) Where, upon information or complaint laid for an offence against this Ordinance, a Magistrate has issued either a summons requiring the defendant charged by such information or complaint to appear to answer to the same, or has issued a warrant for the arrest of such defendant, and the said Magistrate on, or either Magistrate after, issuing the summons or warrant, is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such Magistrate may issue a warrant under his hand by virtue of which it shall be lawful for any constable or peace officer named or referred to in the warrant, to enter such houses, premises, or place at any reasonable time by day, and to search therefor and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a Magistrate for the purpose of its being determined whether the same are or are not liable to forfeiture under this Ordinance.
Appliention of Ordinance
to watches. (Ibid, w. 7.)
Trade mark, how described in pleading. (Ibid, . 9.)
Rules as to evidence. (Ibid, a.15.)
Punishment of accessories. (Lbid = 11.)
Search
Warrant (Ibid, a. 19.)
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