HONG KONG LEGISLATIVE COUNCIL.
and false trade descriptions to goods, by increasing the penalties which a magistrate may impose and by adding to it certain provisions which are taken from the Merchandise Marks Act, 1891.
THE COLONIAL SECRETARY seconded and the Bill was read a first time.
Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows:-
1. Section 3 (3) (b) of the principal Ordinance provided that offenders should be liable on summary conviction to imprisonment for any term not exceeding four months, or to a fine not exceeding $100, and in the case of a second or subsequent conviction to imprisonment for any term not exceeding six months, or to a fine not exceeding $250.
2. The paragraph was founded in section 2 (3) (ii) of the Merchandise Marks Act, 1887, where the fines on summary con- viction were £20 and £50 respectively.
3. The Hong Kong General Chamber of Commerce has asked that the maximum fine on summary conviction should be increased.
4. Section 2 of this Ordinance substitutes a paragraph provid- ing that the maximum penalty on summary conviction shall be six months imprisonment or a fine of one thousand dollars. Under section 3 (3) (a) of the principal Ordinance conviction before the Supreme Court renders the offender liable to a term not exceeding two thousand dollars.
5. Section 3 of this Ordinance adds a paragraph to section 5 (1) of the principal Ordinance providing that a person shall be deemed to apply a trade mark or trade description to goods if he makes in any affidavit, declaration or writing a statement to the effect that a trade mark or trade description is applicable to the goods. This provision is inserted because cases sometimes arise, which do not fall within the provisions of Perjury Ordinance, No. 21 of 1922, but in which false trade descriptions are made with reference to goods with a view to obtaining Empire preference, Customs or other facilities. In England under section 1 of the Merchandise Marks Act, 1891, the customs entry relating to imported goods is, for the purposes of the Act of 1887, on which the principal Ordinance is founded, to be deemed to be a trade description applied to the goods. In this Colony the false trade descriptions are more often applied in the case of goods exported.
6. Section 11 (2) of the principal Ordinance which is founded on section 12 (2) of the Merchandise Marks Act, 1887, provides
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