1958-HKRS30-8-48_Part02 — Page 17

Amendment

of regula-

tion 7.

Provided that if the court or the magistrate after full inquiry into the case is satisfied that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if such court or magis trate is of opinion that justice cannot fully be done in such proceedings without the discovery of the informer, it shall be lawful for such court or magis trate to require the production of the original informa tion and permit inquiry and require full disclosure concerning the informer.

(2) In case of any proceedings instituted under these regulations relating to the seizure of any article or thing, the court or the magistrate shall determine the proceedings on the merits of the case only, with- out reference to matters of form and without inquiring into the manner or form of making any seizure except insofar as the manner or form of seizure may be evidence on such merits.

(3) The court or magistrate may, on application by the Director of Commerce and Industry or by the Attorney General, award to an informer any portion, not exceeding one half, of any fine imposed in pro- ceedings instituted under these regulations.

context

68. In these regulations, unless the otherwise requires, the expression "Director of Com- merce and Industry" includes an assistant or deputy Director of Commerce and Industry.".

4. Regulation 7 of the principal regulations is amended by the deletion of the words "Official Prosecutions Regulations" and the substitution therefor of the following-

"Merchandise Marks (Official Prosecutions) Regula tions".

Pandens

3

Explanatory Note.

(This Note is not part of the repulations, but is intended to indicate their general purport),

The purpose of these regulations is to amend the principal regulations in the following ways—

(a) Regulation 4 enables the Attorney General or the Director of Commerce and Industry in certain cases to seize and detain goods suspected of contravening the provisions of the Merchandise Marks Ordinance but does not give power to seixe or detain documents or other articles incidental thereto which frequently are required for evidentiary purposes in proceedings taken under the principal regulations. Regulation 2 of these regulations is designed to remedy this anoïnaly.

(b) The principal regulations make an provision for the protection or payment of "informers". In matters of the kind covered by the principal regulations, it is frequently necessary to rely to a large extent upon information obtained from "informers" and regulation GA of these regulations is intended to provide for the usual method of protecting and remunerating auch persons.

(c) The principal regulations do not define the expression "Director of Commerce and Industry to include his assistant or deputy. The result is that in the absence of the Director personally powers conferred upon him by the principal regulations cannot be exercised by anyone else. Regulation 68 of these regulations is intended to extend the meaning of the expression to include an sssistant or deputy Director and thereby avoid this inconvenience. (d) It is considered that the present title of the principal regulations io misleading in that it gives no indication that the regulations relate to proceedings under the Merchandise Marks Ordinance. Regulation 4 of these regulations therefore amends the citation of the principal regulations to include the words "Merchandise Marks".

(Secretariat GR3231/51)

Council ChamBER,

10th June, 1958.

of Councils.