792
ordinary
course of business.
c. 28 x. 6.
No. 4.] THE ORDINANCES OF HONGKONG : [A.D. 1890.
or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things mentioned in this section to be done, and proves---
(1.) that, in the ordinary course of his business, he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making, or being used in making, trade marks, or, as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the Colony, and was not interested in the goods by way of profit or commission dependent on the sale of the goods; and
Application of the Ordinance to watches. Ib. s. 7.
Description of trade mark in pleading. Ib. s. 9.
Rules as to evidence. Ib. s. 10.
(2.) that he took reasonable precautions against committing the offence charged; and
(3.) that 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
(4.) that he gave to the prosecutor all the information in his power with respect to the persons on whose behalf the trade mark, mark, or trade description was applied,
he shall be discharged from the prosecution, but shall 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.-(1.) Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks shall primâ facie be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for or having in possession for sale, or any purpose of trade or manufacture, goods with a false trade description shall apply accordingly.
(2.) For the purposes of this section the expression "watch" means all that portion of a watch which is not the watch case.
8. In any information, indictment, pleading, proceeding, or document, in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, 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 Ordinance, -
(1.) a defendant and his wife or her husband, as the case may be, may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined;
|Page 6
792
ordinary
course of business.
c. 28 x. 6.
No. 4.] THE ORDINANCES OF HONGKONG : [A,D. 1890. or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or caus- 50 & 51 Fiet. ing any of the things mentioned in this section to be done, and proves--- (1.) that, in the ordinary course of his business, he is employed, on belf of other persons, to make dies, blocks, machines, or other instruments for making, or being used in making, trade marks, or, as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the Colony, and was not interested in the goods by way of profit or commission dependent on the sale of the goods; and
Application of the Ordi-
nance to watches. Ib. s. 7.
Description of trade mark in pleading. Ib. s. 9.
Rules as to evidence. Tb. n. 10.
(2.) that he took reasonable precautions against committing the
offence charged; and
(3.) that 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
(4.) that he gave to the prosecutor all the information in his power with respect to the persons on whose behalf the trade mark, mark, or trade description was applied,
he shall be discharged from the prosecution, but shall 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.-(1.) Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a de- scription of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks shall primâ facié be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for or having in possession for sale, or any purpose of trade or manufacture, goods with a false trade description shall apply accordingly.
(2.) For the purposes of this section the expression "watch" means all that portion of a watch which is not the watch case.
8. In any information, indictment, pleading, proceeding, or document, in which any trade mark or forged trade mark is intended to be men- tioned, it shall be sufficient, without further description and without any copy or facsimile, 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 Ordinance, - (1.) a defendant and his wife or her husband, as the case may be, may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-
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