TNAG-1656-FCO40-2304-Hong-Kong-legislation-on-trade-1987 — Page 61

HONG KONG

LEGAL REPORT

THE TRADE DESCRIPTIONS (AMENDMENT) ORDINANCE 1987

(No. 2 of 1987)

Enclosure No.

2

This Ordinance makes various amendments to

the Trade Descriptions Ordinance.

2.

Section 2 adds new sections 16A, 16B and 16C for the following purposes, respectively

(a)

(b)

-

to empower 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 locking or sealing the premises or container in which the goods or things are;

to confer powers of arrest on authorized officers;

(c) to require the Commissioner of Customs and Excise to notify the proprietor of a trade mark or his agent of certain matters, to enable the Commissioner to disclose other information relating to goods seized, and to enable the proprietor of a trade mark or his agent to obtain an order from the High Court to compel such disclosure.

3. New section 24A in section 5 provides for evidence regarding imported goods with a false trade description.

4.

New section 30 in section 6 provides for a modified procedure for the forfeiture of goods in respect of which an offence under the principal Ordinance has been committed.

5. Before the Acting Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.

Hau

Law Draftsman.

io

February 1987.

ATTORNEY GENERAL'S CHAMBERS,

HONG KONG.