655969-1890-Bills-Official-Administrator-and-Fraudulent-Marks-on-Merchandise — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 12тп JULY, 1890.

(ii.) on summary conviction before a Magistrato to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding one hundred dollars, and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding two hundred and fifty dollars; and (iii) in any case, to forfeit to Her Majesty every chattel, articlo, instrument, or thing by means of or in relation to which the offence has been committed.

(4.) The Court or Magistrate before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the Court or Magistrate thinks fit.

(5.) Any offence for which a person is under this Ordi- nance liable to punishment of summary conviction may be prosecuted and any fine imposed may be enforced and recovered and any articles liable to be forfeited may be forfeited in mamuer provided by any Ordinance for the time being in force regulating the practice and procedure before Magistrates in relation to offences punishable on summary conviction: Provided that a person charged with an offence under this section before a Magistrate shall, on appearing before such Magistrate, and before the charge is gone into, be informed of his right to be tried on information before the Supreme Court, and if he requires to be so tried, be committed for trial and bo so tried accordingly.

3. (1.) For the purposes of this Ordinance; Tho ex- pression "trade mark" means a trade mark registered in the Register of trade marks kept under any Ordinance in force in this Colony or under The Patents Designs and Trade Marks Acts 1883 to 1888, and includes any trado mark which, either with or without registration, is protected by law. in any British possession or foreign State to which the provisions of the Patents, Designs and Trado Marks Act, 1883 section 103 arc, under Order in Council, for the time being applicable.

The expression" trade description" means any description, statement, or other indication, direct or indirect,

(a.) weight of any goods, or as to the number, quantity,

measure, gauge, or

(b.) as to the place or country in which any goods

were made or produced, or

(c.) as to the mode of manufacturing or producing

any goods, or

(d.) as to the material of which any goods are com-

posed, or

(e.) as to any goods being the subject of an existing

patent, privilege, or copyright,

and the use of any figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning of this Ordi-

nance.

The expression "false trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alter- ation of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this Ordinance.

The expression "goods" means anything which is the sub- ject of trade, manufacture, or merchandise.

The expressions "person," "manufacturer," "dealer," or "trader" and "proprietor" include any body of persons corporate or unincorporate.

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The expression name includes any abbreviation of a

name.

(2.) The provisions of this Ordinance respecting the ap- plication of a false trade description to goods shall extend to the annlication to goods of any such figures words or

Interpreta-

tion. {{biel, noc. 3.)

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