CAP. 41]
2.
Merchandise Marks.
Before undertaking a prosecution the Attorney General or the Director of Commerce and Industry, as the case may be, may require to be furnished by an applicant with a statement in writing briefly setting forth the nature and circumstances of the case.
3. If after consideration of the circumstances the Attorney General or the Director of Commerce and Industry, as the case may be, is satisfied that they disclose a case proper for him to entertain, he may indicate to the applicant what further or other information or evidence is in his opinion necessary to enable him to undertake the prosecution and may require him to take steps to obtain it, including where necessary the purchase of goods in respect of which the complaint is made. If the Attorney General or the Director of Commerce and Industry, as the case may be, considers it desirable to do so in any particular case, he may obtain the necessary evidence or any part thereof through the police or through his own officers or agents.
For the purpose of obtaining such evidence, whenever the Attorney General or the Director of Commerce and Industry, as the case may be, shall have reasonable cause for suspecting that goods in respect of which the complaint is made are in or upon any vessel, or are in or upon any wharf, godown or premises in the Colony, it shall be lawful for him or any officer deputed by him to enter such vessel, wharf, godown or premises, and to seize and detain any suspected goods found there.
5. If on all the evidence available the Attorney General or the Director of Commerce and Industry, as the case may be, is of opinion that there is no reasonable prospect of a conviction being obtained, or if he is of opinion that the prosecution would be better or more properly conducted otherwise than by the Crown or by the said Director, he may decline to undertake the prosecution.
6. The Attorney General or the Director of Commerce and Industry may, before undertaking a prosecution, require the applicant to give security for costs on such terms and in such manner as he thinks proper.
7. These regulations may be cited as the Official Prosecutions Regulations.
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