Amendmont
(c) by the deletion of subsection (3) and the substitution
therefor of the following-
"(3) Any person who is guilty of an offence against this Ordinance shall be liable-
(a) upon conviction on indictment to a fine of one hundred thousand dollars and imprison- ment for five years, and
(6) upon summary conviction to a fine of fifty thousand dollars and imprisonment for two years.
(3A) Where a body corporate is convicted of an offence against this Ordinance, every person who, at the time of the commission of the offence, was a director or afficer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowl- edge, or that be exercised all due diligence to prevent the commission of the offence.";
(d) by the deletion of subsection (4) and the substitution
therefor of the following-
"(4) Any goods or things by means of or in relation to which any offence (including any attempt to commit an offence) has been committed against any of the provisions of this Ordinance, whether or not any person has been convicted in respect thereof, shall be liable to forfeiture, and the court or magis- trate to whom any application for forfeiture is made, upon being satisfied that such goods or things or any part thereof are so liable, may order the same to be destroyed or, after obliteration of any false trade marks or trade descriptions applied thereto, to be otherwise disposed of as such court or magistrate may think fit. ";
(e) by the deletion of subsection (s).
4. Section 5 of the principal Ordinance is amended by the of section 5. insertion after subsection (1) of the following new subsection-
"(IA) Goods delivered in pursuance of a request made by reference to a trade mark or mark or trade description appearing in any sign, advertisement, invoice, wine list.
business letter, business paper or other commercial com- munications shall for the purpose of paragraph (e) of sub- section (1) be deemed to be goods in connexion with which a trade mark or mark or trade description is used. "'.
5.
Section n of the principal Ordinance is amended—
(a) by the deletion of subsection (t) and the substitution Amendment
therefor of the following-
"(1) If information is given upon wath to any magistrate that there is reasonable cause for suspect- ing that any goods or things, by means of or in relation to which any offence (including any attempt to commit an offence) against any of the provisions of this Ordinance has been or is being committed, are in any house, premises, vessel or other place or in the possession of any person, it shall be lawful for the magistrate, by warrant under his hand directed to any police officer, to cause such house, premises, vessel or other place to be entered or such person to be apprehended, if need be by force, and searched at any time by day or by night, and any such goods, or things, whether specified in the warrant or not, to be seized and carried away or placed under guard on the spot as shall appear to such officer expediem; and any such goods or things seized under any such warrant shall be brought before or referred to a magistrate, as soon as may be, for the purpose of its being determined whether the same or any part thereof are or are not liable to forfeiture under this Ordinance. "';
(b) in subsection (2), by the deletion of the words "If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance is unknown or cannot be found" and the substitution therefor of the following-
"Notwithstanding that the owner of any goods or things seized under this section is known or can be found".
of section 11.
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