338
Title.
Preamble.
the Hongkong GOVERNMENT GAZETTE, 21ST NOVEMBER, 1863.
Construction of
Words.
Forging a Trade
ing any Trade
a Misdemeanor.
HONGKONG.
ANNO VICESIMO SEPTIMO VICTORIÆ REGINE.
No. of 1863.
By His Excellency WILLIAM THOMAS MERCER, Esquire, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
An Ordinance to amend the Law relating to the fraudulent marking of Merchandise.
[
1863.]
Whereas it is expedient to amend the Laws relating to the fraudulent marking of Merchandise, and to the Sale of Merchandise falsely marked for the Purpose of Fraud: Be it therefore enacted by His Excellency the Acting Governor of Hongkong with the advice of the Legislative Council thereof as follows:
I. In the Construction of this Ordinance the Word "Person" shall include any Person, whether a Subject of Her Majesty or not, and any Body Corporate or Body of the like Nature, whether constituted according to the Law of this Colony or of any of 'Her Majesty's Colonies or Dominions, or according to the Law of any Foreign Country, and also any Company, Association, or Society of Persons, whether the Members thereof be Subjects of Her Majesty or not, or some of such Persons Subjects of Her Majesty and some of them not, and whether such Body Corporate, Body of the like Nature, Company, Association, or Society be established or carry on Business within Her Ma- jesty's Dominions or elsewhere, or partly within Her Majesty's Dominions and partly elsewhere; the Word "Mark" shall include any Name, Signature, Word, Letter, Device, Emblem, Figure, Sign, Seal, Stamp, Diagram, Label, Ticket, or other Mark of any other Description; and the Fxpression "Trade Mark" shall include any and every such Name, Signature, Word, Letter, Device, Emblem, Figure, Sign, Seal, Stamp, Diagram, Label, Ticket, or other Mark as aforesaid lawfully used by any Person to denote any Chattel, or any Article of Trade, Manufacture, or Merchandise, to be an Article or Thing of the Manufacture, Workmanship, Production, or Merchandise of such Person, or to be an Article or Thing of any peculiar or particular Description made or sold by such Person, and shall also include any Name, Signature, Word, Letter, Number, Figure, Mark, or Sign which in pursuance of any Statute or Statutes, Ordinance or Ordi- nances for the Time being in force relating to registered Designs is to be put or placed upon or attached to any Chattel or Article during the Existence or Continuance of any Copyright or other sole Right acquired under the Provisions of such Statutes or Ordi- nances or any of them.
II. Every Person who, with Intent to defraud, or to enable another to defraud any Mark or falsely apply-Person, shall forge or counterfeit, or cause or procure to be forged or counterfeited, any with Intent to defraud, Trade Mark, or shall apply, or cause or procure to be applied, any Trade Mark or any forged or counterfeited Trade Mark to any Chattel or Article not being the Manufacture, Workmanship, Production, or Merchandise of any Person denoted or intended to be denoted by such Trade Mark, or denoted or intended to be denoted by such forged or counterfeited Trade Mark, or not being the Manufacture, Workmanship, Production, or Merchandise of any Person whose Trade Mark shall be so forged or counterfeited, or shall apply, or cause or procure to be applied, any Trade Mark or any forged or counterfeited Trade Mark to any Chattel or Article, not being the particular or peculiar Description of Manufacture, Workmanship, Production or Merchandise denoted or intended to be denoted by such Trade Mark, or by such forged or counterfeited Trade Mark, shall be guilty of a Misdemeanor, and every Person so committing a Misdemeanor shall also forfeit to Her Majesty every Chattel and Article belonging to such Person to which he shall have so unlawfully applied, or caused or procured to be applied, any such Trade Mark or forged or counterfeited Trade Mark as aforesaid, and every Instrument in the l'ossession or Power of such Person, and by means of which any such Trade Mark, or forged or counterfeited Trade Mark as aforesaid, shall have been so applied, and every Instrument in the Possession or Power of such Person for applying any such Trade Mark or forged or counterfeited Trade Mark as aforesaid, shall be forfeited to Her Majesty; and the Court before which any such Misdemeanor shall be tried may order such forfeited Articles as aforesaid to be destroyed or otherwise disposed of as such Court shall think fit.
S
Applying a forged III. Every Person who, with Intent to defraud, or to enable another to defraud, Vessel, Case, Wrapper, any Person, shall apply or cause or procure to be applied any Trade Mark or any
Trade Mark to any