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THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.

ported 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 Colony, 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 Colony.

(5.) Such regulations may apply to all goods the im- portation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods.

(6.) The regulations may provide for the informant reimbursing the Superintendent of Imports and Exports all expenses and damages incurred in respect of any detention made on his informa- tion, and of any proceedings consequent on such detention.

(7.) All regulations under this Section shall be pub-

lished in the Gazette.

15. On the sale or in the contract for the sale of any goods to which a trade mark, or mark, or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Ordinance, - unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.

16. Where, at the passing of this Ordinance, a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false trade descriptions shall not apply to such trade description when so applied: Provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied where actually made or pro- duced, and the goods are not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner, with that name, the name of the place or country in which the goods were actually made or pro- duced, with a statement that they were made or produced there.

17. This Ordinance shall not exempt any person from any suit, action, or other proceeding which might, but for the provisions of this Ordinance, be brought against him.

(2.) Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance,

Implied warranty on *ale of marked goods (Ibid, s. 17.)

Provisions of Ordinance na to false description not to apply in certain cases.

(Ibid, s. 18, )

Savings. (bid, s. 19.)

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