TNAG-1656-FCO40-2304-Hong-Kong-legislation-on-trade-1987 — Page 54

A8

Ord. No. 2/87

Amendment of section 17.

3.

Amendment of section 18.

Addition of

new section 24A.

TRADE DESCRIPTIONS (AMENDMENT)

person or without such consent where that perso dead or cannot after reasonable enquiries by the Commissioner as to his whereabouts be found by the Commissioner;

(e) any other information or document relating to the goods seized or detained which the Commissioner thinks fit to disclose.

(3) The proprietor of a trade mark or his authorized agent-

(a) where he seeks disclosure of any information or document that is not referred to in subsection (2); or (b) where information or a document that is referred to in subsection (2) is not disclosed by the Commis- sioner,

may apply to the High Court for an order requiring the Commissioner to disclose such information or document and the High Court may on such an application make such order for disclosure as it deems fit.

(4) An application under subsection (3) may be begun by motion with previous notice to the Commissioner.".

Section 17 of the principal Ordinance is amended—

(a) in subsection (2), by deleting “Any” and substituting the

following-

"Subject to subsection (2A), any"; and

(b) by inserting after subsection (2) the following-

“(2A) A person does not commit an offence under sub- section (2) by disclosing information under section 16C(1) or (2) or under an order of the High Court made under section 16C(3).".

4. Section 18 of the principal Ordinance is amended by inserting after subsection (1) the following-

"(1A) Any person who commits an offence under section 16A(3) shall be liable to a fine of $5,000 and to imprisonment for 3 months.".

5. The principal Ordinance is amended by adding after section 24 the following

"Rule of evidence regarding

imported goods

with false trade description.

24A. In any prosecution for an offence under this Ordinance in respect of the import of goods to which a false trade description of the place or country of manufacture, production, processing or reconditioning is applied, evidence that the goods were imported from a place or country shall be prima facie evidence that the goods were manufactured, produced, processed or reconditioned, as the case may be, in such place or country.".

TRADE DESCRIPTIONS (AMENDMENT)

Ord. No. 2/87

6. Sections 30 and 31 of the principal Ordinance are repealed and Repeal and replaced by the following-

"Forfeiture and disposal of certain foods.

7.

30. (1) Any goods in respect of which an offence under this Ordinance has been committed shall be liable to for- feiture, whether or not any person has been convicted of any such offence.

(2) Where goods are seized or detained by an author- ized officer under section 15, the Commissioner may at any time release such goods to the person who appears to him to be the owner thereof or his authorized agent subject to any such condition as the Commissioner may specify in writing.

(3) Where goods have not been released under subsec- tion (2), the Commissioner may, whether in the same proceed- ings where an offence is prosecuted or in other proceedings under this Ordinance, apply to a court or magistrate for the forfeiture of the goods.

(4) If, on the hearing of an application under subsection (3), the court or magistrate is satisfied that the goods are liable to forfeiture, the court or magistrate may order that—

(a) the goods be forfeited to the Crown;

(b) the goods be destroyed;

(c) any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be disposed of in such manner and subject to any such condition as the court or magistrate may specify in the order; or

(d) any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be released to the owner thereof or his authorized agent subject to any condition which the court or magistrate may specify in the order.

(5) Where under subsection (3) an application is made to a court or magistrate for the forfeiture of goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the goods or his authorized agent, unless the owner or his authorized agent has indicated in writing to the Commis- sioner that such notification is not required:

Provided that, if there is more than one owner of the goods, it shall be sufficient for the purposes of this subsection to give notice to one such owner or his authorized agent, unless one such owner or his authorized agent has indicated that such notification is not required.".

A9

replacement of sections 30 and

31.

section 35.

Section 35(1) of the principal Ordinance is amended in paragraph Amendment of (c) by deleting "31(6)” and substituting the following—

"30(4)".