I
ORDINANCE No. 8 OF 1863. 561
Fraudulent Marking of Merchandise.
No. 8 of 1863.
An Ordinance to prevent the fraudulent marking of merchandise. Title.
[See 25 and
20 Viet. ¢.88 . ]
[22nd December, 1863. ]
HEREAS it is expedient to prevent the fraudulent marking of Preamble.
WE merchandise, and 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 :
1. In the construction of this Ordinance the word " Person " shall Construction
of words.
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 Majesty'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
expression " 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 Ordinances
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 Ordinances or any of them .
2. Every person who, with intent to defraud, or to enable another Forging a
trade mark
to defraud any person , shall forge or counterfeit, or cause or procure to or falsely
applying any
be forged or counterfeited, any trade mark, or shall apply, or cause or trade mark