Description H
trade moorko plexetine.
Defence
obrake.
sident, etc.
1964
29,
K2.
Inosent publication of
1968 4 29, 1 24.
Cost in proceedings.
Power in Baler order with
respect to property in Boaxegion of the Crown. (Cap. 221)
12
25. In any information, indictment, pleading, proceeding or document in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.
26. (1) In any proceedings for an offence under this Ordinance il shall, subject to subsection (2). be a defence for the person charged to provo-
(a) that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and
(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.
(2) If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor à notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(3) In any proceedings for an offence under section 7(1X«Nii) or (b) it shall be a defence for the person charged to prove that he did not know, had no reason to suspect and could not with reasonable diligence have ascertained, that the goods did not conform to the description or than the description had been applied to the goods.
(4) In any proceedings for an offence under section 9(2) it shall be a defence for the person charged to prove that he did not know, had no reason to suspect and could not with reasonable diligence have ascertained, that a forged trade mark had been applied to the goods or that a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive had falsely been applied to the goods.
27. In proceedings for an offence under this Ordinance committed by the publication of an advertisement, it shall be a defence for the person charged to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that ha received the advertisement for publication in the ordinary course of business and did not know and båd up reason to suspect that its publica- tion would amount to an offence under this Ordinance.
28. In any proceedings under this Ordinance, the magistrate or court hearing the proceedings may, notwithstanding any provision of any other Ordinance, make such order as to costa as he or if may think ôt.
29. Where any property has come into the possession of the Crown of any authorized officer acting under this Ordinance, section 102 of the Criminal Procedure Ordinance shall, subject to this Ordinance. apply to such property in all respects as though such property had come foto the possession of the police in connexion with a criminal offence and such section shall be construed as though references to the Crown or such authorized officer, as the case may be, were substituted therein for references to the police.
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38. (1) Any goods in respect of which an offence under this Ordin- Goods able to ance has been committed shall be liable to forfeiture, whether or not any
toriellore, person has been convicted of any such offende,
(2) Where goods are scized or detained by an authorized officer under section 15 the Director may at any time release such goods to the person who appears to him to be the owner thereof or to the authorized ageot of the owner.
(3) Where the goods have not been released and an application for their forfeiture is to be made under section 31(1) the Director shall serve notice upon the owner of the goods requiring him to notify the Director in writing within the appropriate period under subsection (5) it he claims that the goods are not liable to forfeiture:
Provided that, if there is more than one owner of the goode, it shall be sufficient for the purposes of this subsection to give notice to ane such
OWDST.
(4) A notice under subsection (3) shall be deemed to have been duly served it-
(a) it is delivered to the person on whom it is to be served; (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director, or
(c) where it cannot be served in accordance with paragraph (a) or (8), the notice is exhibited at the head office of the Trade, Industry and Customs Department for a period of not less than 7 days.
(5) Where a notice is sarved under subsection (3) in respect of any goods seized or detained under this Ordinance any person (hereinafter in this section and in section 31 referred to as the claimant)-
(a) who is the owner thereof or the authorized agent of the owner:
of
(b) who was in possession of the goods when they were seized or
detained,
may, within 30 days of—
the date of the notice, if it is served under subsection (4X2) or (b); or
(i)) the first day on which it is exhibited, if it is served under
subsection (404).
give potice in writing to the Director that he claims that the goods are not liable to forfeiture.
(6) If, on the expiry of the appropriate period of time specified in subsection (5) for the giving of a notice of claim under that subsection, no such notice is given to writing to the Director, and the goods in respect of which notice is given under subsection (3) have not been released, they shall be forfeited to the Crown.
(7) Where goods seized or detained under section 15 are goods to which a forged trade mark is applied, or to which a trade mark or mark 30 nearly resembling a trade mark as to be calculated to deceive is falsely applied, the Director shall, wherever reasonably practicable, notify the proprietor of the trade mark or his agent.
31. (1) Where a notice of claim is given under section 30(5) and Application for the Director does not release the goods to the claimant, the Attorney Dorfeiture.