2
3
Disclosure of information, etc.
Amendment of section 17.
3.
cannot be obtained without affording the suspected offender opportunity to escape, may enter the premises and therein search the suspected offender and for the purpose of entry or search may break open any outer or inner door or window of the premises.
16C. (1) Where goods seized or detained under section 15 are, or are reasonably suspected by the Commissioner to be, goods to which a forged trade mark is applied, or to which a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, the Commissioner shall. wherever reasonably practicable, notify the proprietor of the trade mark or his authorized agent of the seizure or detention, as the case may be.
(2) In the circumstances specified in subsection (1), the Com- missioner may disclose to the proprietor of the trade mark or to his authorized agent—
(a) the time, and the address of the place, of seizure or deten-
tion of the goods;
(b) the name and address of the person from whom the goods
have been seized or detained;
(c) the nature and quantity of the goods seized or detained; (d) any statement made to the Commissioner by any person in connexion with the seizure or detention, either with the prior consent in writing of that person or without such consent where that person is dead or cannot after reason- able 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 Commissioner.
may apply to the High Court for an order requiring the Commis- sioner 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-
Amendment of section 18.
4.
"(2A) A person does not commit an offence under subsection (2) by disclosing information under section 16C(1) or (2) or under an order of the High Court made under section 16C(3).”.
Section 18 of the principal Ordinance is amended by inserting after subsection (1) the following-
"(IA) Any person who commits an offence under section 16A(2) 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 Addition of new lowing-
"Rule of evidence
regarding
imported goods with false trade description.
6.
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 recondi- tioning is applied, evidence of the place or country from which the goods are imported shall be prima facie evidence of the place or country in which the goods were manufactured, produced, processed or reconditioned, as the case may be.”.
section 24A.
Sections 30 and 31 of the principal Ordinance are repealed and replaced by Repeal and
the following-
"Forfeiture and disposal of certain goods.
30. (1) Any goods in respect of which an offence under this Ordinance has been committed shall be liable to forfeiture, whether or not any person has been convicted of any such offence.
(2) Where goods are seized or detained by an authorized 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 subsection (2), the Commissioner may, in any proceedings under this Ordinance or otherwise, 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 dis- posed 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.".
replacement of sections 30 and 31.
7. Section 35(1) of the principal Ordinance is amended in paragraph (c) by Amendment of deleting "31(6)" and substituting the following—
"30(4)".
Explanatory Memorandum
This Bill makes various amendments to the Trade Descriptions Ordinance which are considered necessary following a review of the operation of the Ordinance since its introduction in 1981.
2. Clause 2 adds new sections 16A, 16B and 16C to the Ordinance. Section 16A empowers an authorized officer to detain goods in respect of which he suspects that an offence under the Ordinance has been or is being committed, or anything which he believes may be required as evidence in proceedings under the Ordinance, by placing a lock or seal on any premises in which the goods or things are. Section 15(1)(ƒ) at present empowers an authorized officer to detain such goods or things but does not provide for detention by locking or scaling any premises. Section 16B confers powers
section 35.
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