211648-1934-Supplementary-Draft-Bill--Merchandise-Marks-Amendment — Page 1

LEGISLATIVE COUNCIL.

Draft Bill.

No. S 36.-The following bill is published for general information —

[No. 39-29.12.33.-1.1

C.S.O. 2458/17.

A BILL

Short title.

Amendment of Ordin- ance No. 4 of 1890, s. 3 (3).

Amendment

of Ordin- ance No. 4 of 1890, s. 11 (2).

INTITULED

An Ordinance to amend the Merchandise Marks Ordinance,

1890.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Merchandise Marks Amendment Ordinance, 1934.

2. Paragraph (b) of section 3 (3) of the Merchandise Marks Ordinance, 1890, is repealed and the following para- graph is substituted therefor :-

(b) on summary conviction, to imprisonment for any term not exceeding six months, or to a fine not exceeding one thousand dollars; and,

3. Section 11 (2) of the Merchandise Marks Ordinance, 1890, is amended by the insertion of the words "in the Colony" after the word "found" in the fourth line thereof.

Objects and Reasons.

1. Section 3 (3) (b) of the principal Ordinance provided that offenders should be liable on summary conviction to imprisonment for any term not exceeding four months, or to a fine not exceeding $100, and in the case of a second or sub- sequent conviction to imprisonment for any term not exceeding six months, or to a fine not exceeding $250.

2. The paragraph was founded in section 2 (3) (ii) of the Merchandise Marks Act, 1887, where the fines on summary conviction were £20 and £50 respectively.

3. The Hong Kong General Chamber of Commerce has asked that the maximum fine on summary conviction should be increased.

4. Section 2 of this Ordinance substitutes a paragraph providing that the maximum penalty on summary conviction shall be six months imprisonment or a fine of one thousand dollars. Under section 3 (3) (a) of the principal Ordinance conviction before the Supreme Court renders the offender liable to a term not exceeding two years and to a fine not exceeding two thousand dollars.

5. Section 11 (2) of the principal Ordinance which is founded on section 12 (2) of the Merchandise Marks Act, 1887, provides for informations or complaints laid or made for the