THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
(5.) Such regulations may apply to all goods the im- portation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods.
(6.) The regulations may provide for the informant reimbursing the Superintendent of Imports and Exports all expenses and damages incurred in respect of any detention made on his informa- tion, and of any proceedings consequent on such detention.
(7.) All regulations under this Section shall be pub-
lished in the Gazette.
15. On the sale or in the contract for the sale of any goods to which a trade mark, or mark, or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.
16. Where, at the passing of this Ordinance, a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false trade descriptions shall not apply to such trade description when so applied: Provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied where actually made or pro- duced, and the goods are not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that 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 pro- duced, with a statement that they were made or produced there.
17. This Ordinance shall not exempt any person from any suit, action, or other proceeding which might, but for the provisions of this Ordinance, be brought against him.
(2.) Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance.
(3.) Nothing in this Ordinance shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who bonâ fide acts in obedience to the instructions of such master, and on demand made by or on behalf of the prosecutor, has given full information as to his master.
18. Any person who falsely represents that any goods are made by a person holding a Royal Warrant, or for the service of Her Majesty, or any of the Royal Family, or any Government department Colonial or otherwise shall be liable, on summary conviction, to a penalty not exceeding One hundred dollars.
19. Ordinance No. 8 of 1863 is hereby repealed, and any unrepealed enactment referring to any cuactment so repealed shall be construed to apply to the corresponding provision of this Ordinance; provided that this repeal shall not affect
(a.) any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; nor
(b.) the institution or continuance of any proceeding or other remedy under any enactment so re- pealed for the recovery of any penalty incurred, or for the punishment of any offence committed, before the commencement of this Ordinance;
nor
(c.) any right, privilege, liability, or obligation acquired, accrued, or incurred under any enactment here- by repealed.
20. This Ordinance shall come into operation on the
day
1890.
Implied warranty on sale of marked goods (Ibid, ■. 17.)
Provisions of Ordinance a to falae description not to apply in certain casea. (Ibid, e. 14.)
Savings. (Ibid, s. 19.)
False repre- sentation as
to Reya! Warrant. (Ibid, n. 20.)
Repeal of Ordinance No. 8 of 1863.
Conimence- ment of Ordi- Dance.
661