655969-1890-Bills-Official-Administrator-and-Fraudulent-Marks-on-Merchandise — Page 6

660

THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.

Pots "de-

I..500

tion of ution.

, s. 15.)

16.)

(2.) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to for- feiture under this Ordinance, is unknown or cannot be found, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Magistrate may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place the Magistrate, unless the owner or any person on his behalf, or other person interested in the goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited.

(3.) Any goods or things forfeited under this section, or under any other provision of this Ordinance, may be des- troyed or otherwise disposed of, in such manner as the Court or Magistrate by which the same are forfeited may direct, and the Court or Magistrate may, 'out of any proceeds which may be realised by the disposition of such goods (all trade marks and trade descriptions being first obliterated), award ot any innocent party any loss he may have innocently sustained in dealing with such goods.

12. On any prosecution under this Ordinance the Court or Magistrate may order costs to be paid to the defendant by the prosecutor, or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.

13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.

14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance; be it therefore enacted as follows:-

(1.) All such goods, and also all goods of foreign manufacturebearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Colony and if any such goods shall be imported or brought into the Colony contrary to the prohibition herein contained such goods shall be forfeited and may be destroyed or other- wise disposed of as the Superintendent of Im- ports and Exports may direct.

(2.) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance the Superintendent of Imports and Exports may require the regula- tions under this section, whether as to infor- mation, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to be imported.

(3.) The Governor in Council may from time to time make, revoke, and vary regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations deter- mine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence.

(4.) Where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom.