1980-HKRS28-16-28_Part05 — Page 19

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(Cup. 43.)

lol. 1968 c. 39,

3.)

fet. 1960 e. 29. * NDJ

"Convention_country" has the meaning assigned to it by section 13A(6)

of the Trade Marks Ordinance:

"Director" means the Director of Trade, Industry and Customs, and includes the Commissioner of Trade, Industry and Customs and any Deputy or Assistant Commissioner of Trade, Industry or Customs;

"false trade description" means--

(a) a trade description which is false to a material degres;

(b) a trade description which, though not false, is misleading. that is to say, likely to be taken for such an indication of any of the matters specified in the definition of "trade description" as would be false to a material degree; ||

(c) anything which, though not a trade description, is likely to be taken for so indication of any of the matters speciited in the definition of trade description" and, as such an indication, would be false to a material degree;

(d) a false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognized by any person or implied by the approval of aby person if there is no such person or no standard so specified," recognized or implied; or

I

I

(e) a false indication, or anything likely to be taken as an indication which would be false, that any goods of any class or type-

(1) being goods in respect of which duty is payable under the laws of Hong Kong, are supplied free of the duty so payable in respect of that class or type of goods; or

(U) not being goods in respect of which duty is payable under the laws of Hong Kong, are supplied free of the duty 80 payable;

"goods" includes vessel and aircraft, things attached to land and growing

Crops:

"goods in transit" means goods which-

(a) are brought into Hong Kong solely for the purpose of taking

them out of Hong Kong; and

(b) remain at all times in or on the vessel, aircraft or vehicle in or

on which they are brought into Hong Kong;

"import" means to bring, or cause to be brought, into Hong Kong:

"premises" includes any place and any stall vehicle, vessel or aircraft;

"trade description" means an indication, direct or indirect, and by what- over means given, of any of the following matters with respect to any goods of parts of goods, that is to a5y--

(a) quantity (which includes length, width, height, area, volume,

capacity, weight and number), "size or gauge;

(b) method of manufacture, production, processing or reconditioning: (c) composition;

(d) fitness for purpose, strength, performance, behaviour or accuracy:

(e) any physical characteristica

paragraphs;

not included in the preceding

testing by any person and results thereof,

(g) approval by any person or conformity with a type approved

by any person;

(6) place or date of manufacture, production, processing or

conditioning;

✪ person by whom manufactured, produced, processed or recon-

ditioned;

✪ other history, including previous ownership or use;

"trade mark" means-

(a) a trade mark registered in Hong Kong under the Trade Marks (Cap. 433

Ordinance;

(b) a trade mark registered in the register of trade marks kept under

or preserved by the Trade Marks Act 1938;

(c) a trade mark-

(1) registered, or in respect of which an application for registration has been made. in a British territory or à Convention Country; and

(ii) capable of registration in Hong Kong under the Trade Marks Ordioance; and

(f) in respect of which a period of 6 months has not expired since the date of the application for the registration thereof in a British territory or a Convention country.

(1918 c. 2.)

(2) (a) For the purposes of this Ordinance, goods shall be deemed to. 1968 a, 29.

to have been-

() manufactured in the country fa which they last underwent a treatment or process which changed permanently and sub- stantially the shape, nature, form or utility of the basic materials used in their manufacture; or

(1)) produced in the country in which they were wholly grown or mined.

(8) The Director of Trade, Industry and Customs may by order

specify-

(in relation to any description of goods, what treatment or process is to be regarded for the purposes of this Ordinance as resulting or not resulting in a permadent and substantial change in shape, nature, form or utility of the basic materials wed in their manufacture,

(D) in relation to any description of goods different parts of which were manufactured or produced in different countries, or of goods assembled in a country different from that in which their parts were manufactured or produced, in which of those countries the goods are to be regarded for the purposes of this Ordinance as having been manufactured or produced.

I. 36.]

(3) For the purposes of this Ordinance, a trade description or state- [er, 1988. 29. meat published in any newspaper, book or periodical or in any film or * 39001 sound or television broadcasi shall not be deemed to be a trade descrip- tion applied of statement made in the course of a trade or business unless it is or forms part of an advertisement.