794
THE HONGKONG GOVERNMENT GAZETTE, 9TH AUGUST, 1890.
No. 15 of 1890.
An Ordinance enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, to amend the Law relating to Fraudulent Marks on Mer- chandise.
LS
F. FLEMING,
Officer Administering the Government.
[7th August, 1890.]
Short title.
Offences as
to trade marks and trade descriptions, (70 & 51,
V.. 20,
*. 2)
Brit Chicad for the core cut of the Legislative Council
E it enacted by the Governor of Hongkong, by and
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- ment 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
(ii) on summary conviction before a Magistrate to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding one hundred dollars, and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding two hundred and fifty dollars; and (iii) in any case, to forfeit to Her Majesty every chuttel, article, instrument, or thing by means of or in relation to which the offence has been committed.