1923_MERCHANDISE_MARKS_ORDINANCE__1890 — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

MERCHANDISE MARKS.

No. 4 of 1890.

559

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.

c. 28, s. 7.

*

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 prima 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.

For the purposes of this section, "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.

c. 28, s. 9.

50 & 51 Vict.

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, in like manner as any other witness; and,

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

c. 28, s. 10.

50 & 51 Vict.

10. Every person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony, would under this Ordinance be a misdemeanor, shall be

* As amended by Law Rev. Ord., 1923.

50 & 51 Vict.

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MERCHANDISE MARKS. No. 4 of 1890. 559 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. c. 28, s. 7. * 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 prima 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. For the purposes of this section, "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. c. 28, s. 9. 50 & 51 Vict. 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, in like manner as any other witness; and, (2) in the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced. c. 28, s. 10. 50 & 51 Vict. 10. Every person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony, would under this Ordinance be a misdemeanor, shall be * As amended by Law Rev. Ord., 1923. 50 & 51 Vict.
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MERCHANDISE MARKS. No. 4 of 1890. 559 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. c. 28, s. 7. * 7-(1) Where a watch case has thereon any words or Application marks which constitute, or are by common repute considered Ordinance to as constituting, a description of the country in which the watches. watch was made, and the watch bears no description of the 50 & 51 Vict. country where it was made, those words or marks shall prima 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. For the purposes of this section, "watch" means all that portion of a watch which is not the watch case. mark in 8. In any information, indictment, pleading, proceeding, Description or document, in which any trade mark or forged trade mark of trade is intended to be mentioned, it shall be sufficient, without pleading. further description and without any copy or facsimile, to 50 & 51 Vict. c. 28, s. 9. 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, Rules as to (1) evidence. a defendant and his wife or her husband, as the case 50 & 51 Vict. may be, may, if the defendant thinks fit, be called as a c. 28, s. 10. witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined, in like manner as any other witness; and, (2) in the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced. 10. Every person who, being within the Colony, procures, Punishment counsels, aids, abets, or is accessory to the commission, with of accessory. out the Colony, of any act, which, if committed in the Colony, c. 28, s. 11. would under this Ordinance be a misdemeanor, shall be * As amended by Law Rev. Ord., 1923. 50 & 51 Vict.
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MERCHANDISE MARKS.

No. 4 of 1890.

559

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.

c. 28, s. 7.

*

7-(1) Where a watch case has thereon any words or Application marks which constitute, or are by common repute considered Ordinance to as constituting, a description of the country in which the watches. watch was made, and the watch bears no description of the 50 & 51 Vict. country where it was made, those words or marks shall prima 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.

For the purposes of this section, "watch" means all that portion of a watch which is not the watch case.

mark in

8. In any information, indictment, pleading, proceeding, Description or document, in which any trade mark or forged trade mark of trade is intended to be mentioned, it shall be sufficient, without pleading. further description and without any copy or facsimile, to 50 & 51 Vict.

c. 28, s. 9. 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, Rules as to

(1)

evidence.

a defendant and his wife or her husband, as the case 50 & 51 Vict. may be, may, if the defendant thinks fit, be called as a c. 28, s. 10. witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined, in like manner as any other witness; and,

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

10. Every person who, being within the Colony, procures, Punishment counsels, aids, abets, or is accessory to the commission, with of accessory. out the Colony, of any act, which, if committed in the Colony, c. 28, s. 11. would under this Ordinance be a misdemeanor, shall be

* As amended by Law Rev. Ord., 1923.

50 & 51 Vict.

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