TNAG-0977-FCO40-1196-Legislation-for-the-abortion-law-in-Hong-Kong-1980 — Page 17

A394

Ord. No. 69/80

False represen- tations as to Royal approval or award, etc. [cf. 1968 c. 29, s. 12.]

False represen- tations as to supply of

goods.

[cf. 1968 c. 29.

s. 13.]

Prohibited

import and

export of

certain goods.

Power to

exempt goods

sold for export. (cf. 1968 c. 29.

s. 32.]

TRADE DESCRIPTIONS

(a) to forge a trade mark who either-

hark,

(i) without the assent of the proprietor of the tra makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or

(ii) falsifies any genuine trade mark, whether by alteration. addition, effacement or otherwise;

(b) falsely to apply to goods a trade mark who without the assent of the proprietor of that trade mark applies that trade mark to good, unless he proves that he acted without infringing the right of the pro- prietor of the trade mark conferred by section 27 of the Trade Marks Ordinance, and "forged trade mark" shall be construed accordingly.

(4) In any prosecution for an offence under subsection (1)(a) or (b) the burden of proving the assent of the proprietor shall lie on the defendant.

10. (1) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are or are of a kind supplied to or approved by Her Majesty or any member of the Royal Family commits an offence.

(2) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, uses-

(a) without the authority of Her Majesty, any device or emblem signifying the Queen's Award to Industry or anything so nearly resembling such a device or emblem as to be likely to deceive; or without the authority of the Governor, any device or emblem signifying the Governor's Award for Hong Kong Design or anything so nearly resembling such a device or emblem as to be likely to deceive,

(b)

commits an offence.

11. Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are of a kind supplied to any person, commits an offence.

12. (1) Subject to section 13, no person shall import or export any goods to which a false trade description or forged trade mark, which expression shall be construed in accordance with section 9(3), is applied

(2) Any person who imports or exports any goods contrary to sub- section (1) commits an offence unless he proves that—-

(a) he did not know, had no reason to suspect and could not with reasonable diligence have found out that the goods are goods to which a false trade description or forged trade mark is applied;

or

(b) the goods are not intended for trade or business.

(3) This section shall not apply to any goods in transit.

13. In relation to goods which are intended for despatch to a destina- tion outside Hong Kong, section 7 shall apply as if there were omitted from the matters included in the definition of "trade description" in section 2 those specified in paragraph (a) thereof, and, if the Governor by order specifies any other of those matters for the purposes of this

TRADE DESCRIPTIONS

Ord. No. 69,80

A395

section with respect to any description of goods, section 7 shall apply, in re

n to goods of that description which are intended for despatch to a ination outside Hong Kong, as if the matters so specified were also omitted from those included in the definition of "trade description" in section 2.

PART III

ENFORCEMENT

14. (1) The Director may appoint any public officer to be an Appointment authorized officer for the purposes of this Ordinance.

(2) The Director may exercise any of the powers conferred on an authorized officer under this Ordinance.

of authorized officers.

15. (1) An authorized officer may, on production, if required, of Power to enter evidence of his appointment-

(a) make such purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of this Ordinance are being complied with;

(b) for the purpose of ascertaining whether any offence under this Ordinance has been or is being committed, inspect any goods and enter any premises other than domestic premises;

(c) if he has reasonable cause to suspect that an offence under this Ordinance has been committed, seize or detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

(d) if he has reasonable cause to suspect that an offence under this Ordinance has been committed and for the purpose of ascertain- ing whether it has been committed, require any person carrying on a trade or business or employed in connexion with a trade or business to produce any books or documents relating to the trade or business and may take copies of, or of any entry in, any such book or document;

(e) in the case of any premises, vehicle, vessel (other than a ship of war) or aircraft (other than a military aircraft) in which he has reasonable cause to suspect that there are goods in respect of which an offence under this Ordinance has been or is being committed-

(i) subject to section 16, enter and search such premises;

(ii) stop and search such vehicle; or

(iii) stop, board and search such vessel or aircraft;

(f) seize, remove or detain—

(i) any goods in respect of which he has reasonable cause to suspect an offence under this Ordinance has been or is being committed; and

(ii) anything which he has reason to believe may be required as evidence in proceedings for an offence under this Ordinance.

premises and inspect and seize goods and

documents. lef. 1968 c. 29,

s. 27 & s. 28.]