THE HONGKONG GOVERNMENT GAZETTE. 9TH AUGUST, 1890.
any
15. On the sale or in the conir et fer the sale of 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 vendes.
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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 timal etare of such goods, the provisions of this Online an to false trade descriptions shall not argi description when so applied: Provided that description includes the name of a plac calculated to mislead as to the place or te goods to which it is applied where actually mad. 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 merle 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 serion, but such discovery or answer shall not be admisie 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 prosecuting or punishment any servant of a master resident in the Colony who bonû 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 enactment so repealed shall be construed to apply to the corresponding provision of this Ordinance; provided that this reper shall not affect
(a.) any penalty, forfeiture, or punishmen: homered in respect of any offence e muited against any enactment hereby repealed; nor
(b.) the institution or continuance of an
or other remedy under any ch pealed for the recovery of any peash; or for the punishment of any offenes. before the commencement of this Ordiunnee;
nor
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curred, maited,
;
(c.) any right, privilege, liability, or obligatica acquired, accrued, or incurred under any enactment here- by repealed.
20. This Ordinance shall come into operation on the 1st day of January, 1891.
Passed the Legislative Council of Hongkong, this 21st day of July, 1890.
F. A. HAZELAND, deting Clerk of Councils.
Assented to by His Excellency the Officer & diuinustering the Government, the 7th day of August, 1890.
W. M. DEANE, Acting Colonial Secretary.
Implied warranty on Male of marked goods (Ibid, u. 17.)
Provisions of Ordinance as to false description not to apply in certain салев. (Ibid, B. 18.)
Savings (Ibid, «. 19.)
False repre- sentation s
to Royal Warrant. (Ibid, a. 20.)
Repeal of Ordinance
No. 8 of 1863.
Commence- Jent of Ordi- NANCE.
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