Kwp. 2273
Trade rousiEN
descriptions.
14
General on behalf of the Director may apply to a magistrate, the District Court or the High Court as the Attorney General Ginka fit for the forfeiture of the goods.
(2) Where an application under subsection (1) is made to the District Court or the High Court, it shall be made and proceeded with in accordance with rules of court, and may be begun bỷ motica.
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(3) Where an application under subsection (1) is made to magistrate, the magistrate shall issue a summons to the claimant requiring him to appear before a magistrate on the hearing of the application and aball cause a copy of such summons to be served upon the Director.
(4) Subject to the provisions of this Ordinance an application to a magistrate under subsection (1) shall be deemed to be a complaint for the purposes of section 8 of the Magistrates Ordinance.
(5) If, on the hearing of the application under subsection (1)– (a) neither the claimant nor any other person appears before the court or magistrate to make a claim and the court or magistrate is satisfied that notice of the date of the hearing issued in ac- cordance with rules of the court under subsection (2) or the summons issued under subsection (3), as the case may be, was duly served on the claimant; or
(6) neither the claimant nor any person satistics the court or
magistrale that be has a claim,
and the court or magistrate is vallafied that the goods are liable to forfeiture. the court or magistrate shall order that the goods be forfeited to the Crown.
(6) TE, on the bearing of the application under subsection (1), the court or magistrate is satisfied that-
(a) the goods are liable to forfeiture; and
(6) a person has a claim thereof,
the court or magistrate may order that-
the goods be forfeited to the Crown;
(i) the goods be destroyed;
any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be" disposed of in such manner and subject to any such condition as the court or magistrate may specify in the order; or
(iv) any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be released to the owner thereof or the authorized agent of the owner subject to any condition which the court or magistrate may specify in the order.
(7) On the hearing of an application under subsection (1) a certified true copy of the record of any proceedings in respect of an offence under this Ordinance shall be admissible in evidence,
PART IV
MISCELLANEOUS
32. The fact that a trade description is a trade mark, or part of a contadina de Trade mark, does not prevent it from being a false trade description when applied to any goods, except where the following conditions are satisfied, that is to say-
J. 1968 c. 29,
1. 34.)
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(a) that it could have been lawfully applied to the goods if this
Ordinance had not been enacted;
(b) that the trade mark as applied is used to indicate such a con- nexion between the goods and the proprietor of the trade mark or a person registered under section 58 of the Trade Marks comp. 43.) Ordinance as a registered user of the trade mark; and
(c) that the person who is the proprietor of the trade mark is the dame person as, or a successor in tille of, the proprietor on the commencement of this Ordinance.
33. Where it appears to the Governor in Council-
DeBolden Orden.
(a) that it would be in the interest of persons to whom any goods for 1966 c. 29.
are supplied; or
(8) that it would be in the interest of persons by whom any goods are exported and would not be contrary to the interest of persons to whom such goods are supplied in Hong Kong.
that any expressions used in relation la the goods should be understood as having definite meanings, the Governor in Council may by regulations assign such meanings either--
() to those expressions when used to the course of a trade or business as, or as part of, a trade description applied to the goods; or
(D) to those expressions when so used in such circumstances as may
be specified in the regulations,
and where such a meaning is so assigned to an expression, it shall ba deemed for the purposes of this Ordinance to have that meaning when used as referred to fn paragraph (0) or, as the case may be, paragraph (11) of this section.
1. 7.
34. A contract for the supply of any goods shall not be void or Savina for unenforceable by reason only of a contravention of any provision of sivil rahus. this Ordinance,
kt. 1968 c. *. *. 98.1
35. (1) Where any goods are seized or detained by an authorized Compensalon officer wider section 13 the Government shall, subject to this section. Fo
Bonda pelanİ. be liable to compensate the owner of the goods for any loss suffered under accion by him by reason of the seizure or detention thereof or by reason thai 1303), the goods during the detention, are lost or damaged or deteriorate; but [er, 1968 2. 19. the owner shall not be entitled to compensation for any auch loga if-
(a) the goods are forfeited;
(b) he is convicted of an offence under this Ordinance committed in
relation to the goods; or
(c) an order has been made in respect of the goods under section
31(6)
(2) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of→
(a) the owner of the goods;
(8) the person in charge or control of the goods at the time they
were seized;
(c) the agents of the person specified in paragraphs (d) and (b); and (d) authorized officers, public officers and other persons concerned.
33.7