576431-1938-Supplementary-Bills-read-a-first-time---1937-Supplementary-Appropriation--Merchandise-Marks-Amendment--Bankruptey-Amendment--Dentistry-Amendment--Registration-of-Persons-Amendment — Page 2

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A BILL

[No. 30:-21.9.37.—1.]

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 Short title. Marks Amendment Ordinance, 1938.

of Ordinance No. 4 of

2. Sub-paragraph (ii) of paragraph (e) of sub-section Amendment (1) of section 2 of the Merchandise Marks Ordinance, 1890, is amended by the insertion of the words "factory, premises," before the word "place".

1890, s. 2 (1) (e) (ii).

Objects and Reasons.

1. By section 2 (1) (e) (ii) of the Merchandise Marks Ordinance, 1890, it is provided that the expression "trade description" means any description, statement or other indication, direct or indirect as to the place or country in which any goods were made or produced.

2. In statutes the word "place" is generally found in conjunction with other words which give it a colour and control its interpretation (see "Place" in Stroud's Judicial Dictionary). So that although the word if it stood alone might apply to a factory or premises its conjunction in the enactment in question with the word "country" seems to indicate a geographical meaning such as town or district.

3. It is consequently considered probable, that a false statement in a declaration to the effect that certain goods were made in a certain factory or on certain premises would not be covered by the present definition so as to justify prosecution under the penal provisions of the Ordinance.

4. The object of this Amending Bill is to remove doubts by inserting the words "factory, premises," before the word

"place" in section 2 (1) (e) (ii) of the principal Ordinance.

July, 1938.

J. A. FRASER,

Attorney General.