212059-1934-Supplementary-Draft-Bills--Merchandise-Marks-Amendment-Registration-of-Persons — Page 2

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such regulations, and if a resolution is passed at the first meet- ing of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

(3) Nothing in this section shall affect the power of any person or authority to undertake prosecutions otherwise than under the said regulations.

A

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 3 of this Ordinance adds a paragraph to section 5 (1) of the principal Ordinance providing that a person shall be deemed to apply a trade mark or trade description to goods if he makes in any affidavit, declaration or writing a statement to the effect that a trade mark or trade description is applicable to the goods. This provision is inserted because cases some- times arise, which do not fall within the provisions of the Ferjury Ordinance, No. 21 of 1922, but in which false trade descriptions are made with reference to goods with a view to cbtaining Empire 'preference, Customs or other facilities. In England under section 1 of the Merchandise Marks Act, 1891, the customs entry relating to imported goods is, for the purposes of the Act of 1887, on which the principal Ordinance is founded, to be deemed to be a trade description applied to the goods. In this Colony the false trade descriptions are more often applied in the case of goods exported.

6. 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