A398
Ord. No. 69,80
Offences by corporations.
Offences due to fault of other
person.
1968 c. 29, s. 23.
Accessory to
offences committed outside
Hong Kong.
Samples. (Cap. 132.)
Evidence by
certificate.
{cf. 1968 c. 29
s. 31.1
TRADE DESCRIPTIONS
(b) the expiration of 1 year from the date of discovery of the offence
by the prosecuter,
whichever is the earlier.
20. Where a body corporate is convicted of an offence under this Ordinance, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
21. Where the commission by any person of an offence under this Ordinance is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.
22. Subject to the provisions of this Ordinance, any person who, in Hong Kong, procures, counsels, aids, abets or is accessory to the commis- sion outside Hong Kong of an act which, if committed in Hong Kong, would be an offence under this Ordinance, commits that offerce as a principal and shall be liable to be prosecuted in Hong Kong as if the offence had been committed within Hong Kong.
23. (1) Where any act or omission constitutes both an offence under this Ordinance and an offence under the Public Health and Urban Services Ordinance, evidence on behalf of the prosecution concerning any sample procured for analysis shall be admissible in proceedings in respect of the offence under this Ordinance if, but only if, the provisions of section 63 of the Public Health and Urban Services Ordinance have been complied with.
(2) The Governor in Council may by regulations provide that in any proceedings for an offence under this Ordinance in relation to such goods as may be specified in the regulations (other than proceedings for an offence referred to in subsection (1)) evidence on behalf of the prosecu- tion concerning any sample procured for analysis shall not be admissible unless the sample has been dealt with in such manner as may be specified in the regulations.
24. (1) The Governor in Council may by regulations provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to this section, be received in evidence of those matters in any proceedings under this Ordinance.
(2) Such a certificate shall not be received in evidence-
(a) unless the party against whom it is to be given in evidence has been served with a copy thereof not less than 7 days before the hearing; or
(b) if that party has, not less than 3 days before the hearing served on the other party a notice requiring the attendance of the person issuing the certificate.
(3) For the purposes of this section any document purporting to be such a certificate as is referred to in this section shall be deemed to be such a certificate unless the contrary is shown.
it sh
TRADE DESCRIPTIONS
Ord. No. 69/80
A399
25. In any information, indictment, pleading, proceeding or document Description of in wh any trade mark or forged trade mark is intended to be mentioned, trade mark in
be sufficient, without further description and without any copy pleading. or famile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.
26. (1) In any proceedings for an offence under this Ordinance it Defence shall, subject to subsection (2), be a defence for the person charged to
prove
(a) that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and
(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.
(2) If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(3) In any proceedings for an offence under section 7(1)(a)(ii) or (b) it shall be a defence for the person charged to prove that he did not know, had no reason to suspect and could not with reasonable diligence have ascertained, that the goods did not conform to the description or that the description had been applied to the goods.
no
(4) In any proceedings for an offence under section 9(2) it shall be a defence for the person charged to prove that he did not know, had reason to suspect and could not with reasonable diligence have ascertained, that a forged trade mark had been applied to the goods or that a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive had falsely been applied to the goods.
mistake,
accident, etc. 1968 c. 29, 3. 24.
27. In proceedings for an offence under this Ordinance committed Innocent
by the publication of an advertisement, it shall be a defence for the publication of person charged to prove that he is a person whose business it is to advertisements. publish or arrange for the publication of advertisements and that he 1968 c. 29. received the advertisement for publication in the ordinary course of 8. 25. business and did not know and had no reason to suspect that its publica- tion would amount to an offence under this Ordinance.
28. In any proceedings under this Ordinance, the magistrate or court Costs in hearing the proceedings may, notwithstanding any provision of any other proceedings. Ordinance, make such order as to costs as he or it may think fit.
property in
29. Where any property has come into the possession of the Crown Power to make or any authorized officer acting under this Ordinance, section 102 of the orders with Criminal Procedure Ordinance shall, subject to this Ordinance, apply to respect to such property in all respects as though such property had come into the possession of possession of the police in connexion with a criminal offence and such the Crown. section shall be construed as though references to the Crown or such (Cap. 221.) authorized officer, as the case may be, were substituted therein for references to the police.
No comments yet.
Private notes are available after approval.