790
See Ordinance No. 3 of 1880.
No. 4.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
(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 Ordinance, 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 prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or
(c.) that otherwise he had acted innocently, be guilty of an offence against this Ordinance.
(3.) Every person who is guilty of an offence against this Ordinance shall be liable,—
(a.) on conviction before the Supreme Court, to imprisonment, with or without hard labour, for any term not exceeding two years, or to a fine, or to both imprisonment and fine; and,
(b.) on summary conviction before a Magistrate, to imprisonment, with or without hard labour, for any 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 any term not exceeding six months or to a fine not exceeding two hundred and fifty dollars; and,
(c.) in any case, to forfeit to Her Majesty every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed.
(4.) The Court or Magistrate before which or whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the Court or Magistrate thinks fit.
(5.) Any offence for which a person is under this Ordinance liable to punishment on summary conviction may be prosecuted, and any fine imposed may be enforced and recovered, and any articles liable to be forfeited may be forfeited in manner provided by any Ordinance for the time being in force regulating the practice and procedure before Magistrates in relation to offences punishable on summary conviction: Provided that a person charged with an offence under this section before a Magistrate shall, on appearing before such Magistrate and before the charge is gone into, be informed of his right to be tried on indictment before the Supreme Court, and, if he requires to be so tried, be committed.