656197-1890-Ordinances-15---16-of-1890-assented-to — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 9- AUGUST, 1890.

(e.) that he had, at the time of the eaunistlikti te alleged offence, no reason to suspect the genuine- ness of the trade mark, mark, or trade aus:ip- tion; and

(d.) that he gave to the proscenior all the information in his power with respect to the persons on whose behalf the trade mark, mark, or descrip- tion was applied,

he shall be discharged from the prosecution, but shal: be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence.

7. Where a watch case has thereon way which constitute, or are by common rep constituring, a description of the com. watch was made, and the watch heurs v country where it was made, thos

primâ fuvie be deemed to be a desar

ords

or rks

within the meaning of this Ordinance, and be

of this Ordinance with respect to goods to which,

trade description has been applied, and with respecte to selling or exposing for or having in possession for sal any purpose of trade or manufacture, goods with a dudeg trade description, shall apply accordingly, and for the pur- "watch" tacone all poses of this section the expression that portion of a watch which is not the watch case.

8. In any information, pleading, proveading, or document, in which any trade mark or forged tri e murk is inter dud to be mentioned, it shall be subcient, without further description and without any copy or fae simile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.

9. In any prosecution for an offence against this Ordi-

nance,-

(1.) A defendant, and his wife or her husband, as tho

case may be, may,

mant ruịnk - 4.

be called as a witness, and, 7 emiled, shad be sworn and examined, and rung bo dress-examined and re-examined in like temer

us any other witness.

(2.) In the case of imported goods, evidence of the port of shipment shall be primâ facie evidence of the place or country in which the goods were made or produced.

10. Any person who, being within the Colony, procires, counsels, aids, abets, or is accessory to the commi without the Colony, of any act, which, I comunlited in the Colony would under this Ordinance be a misdemeanour, shall be guilty of that misdemeanour as a principal, and be liable to be proceeded against, tried, and convicted in the Colony as if the misdemeanour had been there committed.

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11. (1.) Where, upon information or complaini for an offence against this Ordinance, a Magistrale has issued either a suminous requiring the defendan by such information or compet

to the same, or has issued such defendant, and the said M Magistrate after, issuing the summ. satisfied by information on card blot cause to suspect that any gonds or is in relation to which such offence hes lat in any house or premises of the dek noan'.

in his possession or under his contrul in any

Magistrate may issue a warrant under his hand

of which it shall be lawful for any estable i per co offieer named or referred to in the warrant,

houses, promises, or place at any reas mabio time by cay, and to search therefor and seize and tako sway the or things; and any goods or things selz. warrant shall be brought before a 2bbe'qmie purpose of its being determined whether the same are or are not liable to forfeiture under this Oreiluance.

(2.) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to fer- feiture under this Ordinance, is unknowa or cannot be kaod, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Magistrato may cause notice to be advertised stating that, unles, caus shown to the contrary at the time and notice, such goods or things will be

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Applention

of Ordinance 16 watches. (Inc, s. 7.)

Trade Inark, how described in pleading. (Prid, . 9.)

Rules as to evidence. (Ibid, *. 10.)

Punishmont of accessories. (Ibid, s. 11.)

Search

Warrant (Ibid, ■. 12.)

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