794
Costs of de-fence or
prosecution.
No. 4.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
goods or things (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods.
12. On any prosecution under this Ordinance, the Court or Magistrate may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.
Limitation of prosecution. Ib. s. 15.
Prohibition of importation of goods liable to forfeiture under the Ordinance.
Ib. s. 16.
13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.
14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance: Be it therefore enacted as follows:-
(1.) all such goods, and also all goods of foreign manufacture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Superintendent of Imports and Exports may direct;
(2.) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Superintendent of Imports and Exports may require the regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to be imported;
(3.) the Governor-in-Council may from time to time make, revoke, and vary regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence;
(4.) where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the ...