THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.
A BILL
ENTITLED
An Ordinance to amend the Law relating to
Fraudulent Marks on Merchandise.
BE it enacted and consent of the Legislative Council
E it enacted by the Governor of Hongkong, with
thereof, as follows:-
1. This Ordinance may be cited as The Merchandise Marks Ordinance, 1889,
2. (1.) Every person who
(a.) forges any trade mark; or
(b.) falsely applies to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive; or
(c.) makes any die, block, machine, or other instru- ments for the purpose of forging, or of being used for forging, a trade mark; or
(d.) applies any false trade description to goods; or (e.) disposes of, or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or
(f) causes any of the things above in this section mentioned to be done, shall, subject to the pro- visions of this Ordinance, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Ordinance, (2.) Every person who sells, or exposes for, or has in his possession for sale, or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves
(a.) that having taken all reasonable precautions against committing an offence against this Ordi- nance, he had at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark, or trade description; and
(b.) that on demand made by or on behalf of the pro- secutor, he gave all the information in his power with respect to the persons from whom he ob- tained such goods or things; or
(c.) that otherwise he had acted inrocently; be guilty
of an offence against this Ordinance.
(3.) Every person guilty of an offence against this Ordi- nance shall be liable
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(i.) on conviction before the Supreme Court to impri- sonment, with or without hard labour, for a term not exceeding two years, or to a fine, or to both imprisonment and fine; and
(ii.) on summary conviction before a Magistrate 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 bundred and fifty dollars; and (iii) in any case, to forfeit to Her Majesty every chattel, article, 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: Provided that a person charged with an offence under this section before a Magis- trate 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 be so tried accordingly. 3. (1.) For the purposes of this Ordinance; The ex- pression "trade mark" means a trade mark registered in the Register of trade marks kept under The Trade Marks Ordinance, 1889, and includes any trade 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 Trade Marks Act, 1883 section 103 are, under Order in Council, for the time being applicable.
Short title.
Offences an
to trade marka and trade descriptions. (50 & 51, V. c. 29, 5. 2.)
Interpreta- tion. Ibid. nec. 3.)
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