THE HONGKONG GOVERNMENT GAZETTE, 21ST NOVEMBER, 1863.
Offence for any Person to sell, utter, or offer or expose for Sale any Chattel or Article to which, or to any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing sold therewith, any such generally used Name, Word, or Expression as aforesaid shall have been applied.
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Marks and forged
X. In every Indictment, Information, Pleading, Proceeding, and Document whatso-Description of Trade
Trade Mark shall be intended to be mentioned it shall be sufficient to Trade Marks in In- ever in which any mention or state the same to be a Trade Mark without further or otherwise describing such dictments, &c. Trade Mark, or setting forth any Copy or Fac-simile thereof; and in every Indictment, Information, Pleading, Proceeding, and Document whatsoever in which it shall be in-, tended to mention any forged or counterfeit Trade Mark it shall be sufficient to mention or state the same to be a forged or counterfeit Trade Mark without further or otherwise describing such forged or counterfeit Trade Mark, or setting forth any Copy or Fac- simile thereof.
XI. The Provisions in this Ordinance contained of or concerning any Act, or any Proceeding, Judgment, or Conviction for any Act hereby declared to be a Misdemeanor or Offence, shall not nor shall any of them take away, diminish, or prejudicially affect any Suit, Process, Proceeding. Right, or Remedy which any Person aggrieved by such Act may be entitled to at Law, in Equity, or otherwise, and shall not nor shall any of them exempt or excuse any l'erson from answering or making Discovery upon Exami nation as a Witness or upon Interrogatories, or otherwise, in any Suit or other Civil Proceeding: Provided always, that no Evidence, Statement, or Discovery which any Person shall be compelled to give or make shall be admissible in Evidence against such Person in support of any Indictment or Information for a Misdemeanor at Common Law or otherwise, or of any Proceeding under the Provisions of this Ordinance.
Conviction not to affect any Right or Civil Remedy.
Person need not be
XII. In every Indictment, Information, Conviction, Pleading, and Proceeding Intent to defraud, against any Person for any Misdemeanor or other Offence against the Provisions of this &c., any particular Ordinance in which it shall be necessary to allege or mention an Intent to defraud, or alleged in an Indiet- to enable another to defraud, it shall be sufficient to allege or mention that the Person ment, &c., or proved, accused of having done any Act which is hereby made a Misdemeanor or other Offence did such Act with Intent to defraud, or with Intent to enable some other Person to defraud, without alleging or mentioning an Intent to defraud any particular Person; and on the Trial of any such Indictment or Information for any such Misdemeanor, and on the Hearing of any Information or Charge of or for any such other Offence as afore- said, and on the Trial of any Action against any Person to recover a Penalty for any such other Offence as aforesaid, it shall not be necessary to prove an Intent to defraud any particular Person, or an Intent to enable any particular Person to defraud any particular Person, but it shall be sufficient to prove with respect to every such Misde- meanor and Offence that the Person accused did the Act charged with Intent to defraud, or with Intent to enable some other Person to defraud, or with the Intent that any other Person might be enabled to defraud.
XIII. Every Person who shall aid, abet, counsel, or procure the Commission of Persons who aid ir. any Offence which is by this Ordinance made a Misdemeanor shall also be guilty of a Misdemeanor.
XIV. Every Person who shall be convicted or found guilty of any Offence which is by this Ordinance made a Misdemeanor shall be liable, at the Discretion of the Gourt and as the Court shall award, to suffer such Punishment by Imprisonment for not more than Two Years, with or without Hard Labour, or by Fine, or both by Imprisonment with or without Hard Labour and Fine and also by Imprisonment [not exceeding a
years] until the Fine (if any) shall have been paid and satisfied.
term of
any
the Commission of a Misdeamenor to be also guilty.
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Punishment for Misdemeanor under this Ordinance.
Recovery of Penal
Offence XV. In Every Case in which any Person shall have committed or done or Act whereby he shall have forfeited or become liable to pay to Her Majesty any of ties. the Penalties or Sums of Money mentioned in the Provisions of this Ordinance, every such Penalty or Sun of Money shall or may be recovered in an Action of Debt, which any Person may as Plaintiff for and on behalf of Her Majesty commence and prosecute to Judgment in the Supreme Court of this Colony, and the Amount of every such Penalty or Sum of Money to be recovered in any such Action shall or may be determined by the Jury (if any) sworn to try any Issue in such Action, and if there shall be no such Jury then by the Court or some other Jury, as the Court shall think fit, or instead of any such Action being cominenced such Penalty or Sum of Money shall or may be recovered by a summary Proceeding before a Police Majestrate, who upon Proof of the Offence, either by the Confession of the Person offending or by
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