1950_MERCHANDISE_MARKS_ORDINANCE — Page 8

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 41]

Merchandise Marks.

Is. 11 cont.] goods or things (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods.

Costs of defence or prosecution.

50 & 51 Vict. c. 28, s. 14.

12. On any prosecution under this Ordinance, the court or magistrate may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.

Limitation of prosecution.

13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.

50 & 51 Vict. c. 28, s. 15.

Prohibition of importation of goods liable to forfeiture.

50 & 51 Vict. c. 28, s. 16. 1 & 2 Geo. 5, c. 31, ss. 1 & 2.

14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance—

(a) all such goods, and also all goods of foreign manufacture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Director of Commerce and Industry may direct;

(b) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Director of Commerce and Industry may require the regulations under this section, whether as to information, 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;

(c) (i) where any such goods bearing any such name or trade mark as aforesaid are imported into the Colony, and the Director of Commerce and Industry

338

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CAP. 41] Merchandise Marks. Is. 11 cont.] goods or things (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods. Costs of defence or prosecution. 50 & 51 Vict. c. 28, s. 14. 12. On any prosecution under this Ordinance, the court or magistrate may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively. Limitation of prosecution. 13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens. 50 & 51 Vict. c. 28, s. 15. Prohibition of importation of goods liable to forfeiture. 50 & 51 Vict. c. 28, s. 16. 1 & 2 Geo. 5, c. 31, ss. 1 & 2. 14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance— (a) all such goods, and also all goods of foreign manufacture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Director of Commerce and Industry may direct; (b) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Director of Commerce and Industry may require the regulations under this section, whether as to information, 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; (c) (i) where any such goods bearing any such name or trade mark as aforesaid are imported into the Colony, and the Director of Commerce and Industry 338
Baseline (Original)
1 САР. 41] Merchandise Marks. Is. 11 cont.] goods or things (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods. Costs of defence or prosecution. 50 & 51 Vict. 12. On any prosecution under this Ordinance, the court or magistrate may order costs to be paid to the defendant c. 28, s. 14. by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively. Limitation of prosecution, 13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next 50 & 51 Vict. after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens. c. 28, s. 15. Prohibition of im- portation of goods liable to forfeiture. 50 & 51 Vict. c. 28, s. 16. 1 & 2 Geo. 5, c. 31, ss. 1 & 2. 14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance- (a) all such goods, and also all goods of foreign manu- facture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country. in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Director of Commerce and Industry may direct; (b) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Director of Commerce and Industry may require the regulations under this section, whether as to information, 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; (c) (i) where any such goods bearing any such name or trade mark as aforesaid are imported into the Colony, and the Director of Commerce and Industry 338
2026-05-03 22:53:11 · Baseline
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1

САР. 41]

Merchandise Marks.

Is. 11 cont.] goods or things (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods.

Costs of

defence or prosecution.

50 & 51 Vict.

12. On any prosecution under this Ordinance, the court or magistrate may order costs to be paid to the defendant c. 28, s. 14. by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.

Limitation

of

prosecution,

13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next 50 & 51 Vict. after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.

c. 28, s. 15.

Prohibition

of im-

portation of goods liable to forfeiture.

50 & 51 Vict. c. 28, s. 16.

1 & 2 Geo. 5,

c. 31, ss.

1 & 2.

14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance-

(a) all such goods, and also all goods of foreign manu- facture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country. in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Director of Commerce and Industry may direct; (b) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Director of Commerce and Industry may require the regulations under this section, whether as to information, 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;

(c)

(i) where any such goods bearing any such name or trade mark as aforesaid are imported into the Colony, and the Director of Commerce and Industry

338

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