CAP. 362]
Trade Descriptions
[1987 Ed.
False representations as to Royal approval or award, etc.
(cf. 1968 c. 29, s. 12.)
False representations as to supply of goods. [cf. 1968 c. 29, s. 13.]
Prohibited import and export of certain goods.
Power to exempt goods sold for export.
[cf. 1968 c. 29, s. 32.)
(4) In any prosecution for an offence under subsection (1)(a) or (b) the burden of proving the assent of the proprietor shall lie on the defendant.
10. (1) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are or are of a kind supplied to or approved by Her Majesty or any member of the Royal Family commits an offence.
(2) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, uses---
(a) without the authority of Her Majesty, any device or emblem signifying the Queen's Award to Industry or anything so nearly resembling such a device or emblem as to be likely to deceive; or
(b) without the authority of the Governor, any device or emblem signifying the Governor's Award for Hong Kong Design or anything so nearly resembling such a device or emblem as to be likely to deceive,
commits an offence.
11. Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are of a kind supplied to any person, commits an offence.
12. (1) Subject to section 13, no person shall import or export any goods to which a false trade description or forged trade mark, which expression shall be construed in accordance with section 9(3), is applied.
(2) Any person who imports or exports any goods contrary to subsection (1) commits an offence unless he proves that-
(a) he did not know, had no reason to suspect and could not with reasonable diligence have found out that the goods are goods to which a false trade description or forged trade mark is applied; or
(b) the goods are not intended for trade or business.
(3) This section shall not apply to any goods in transit.
13. In relation to goods which are intended for despatch to a destination outside Hong Kong, section 7 shall apply as if there were omitted from the matters included in the definition of "trade description" in section 2 those specified in paragraph (a) thereof, and, if the Governor by order specifies any other of those matters for the purposes of this section with respect to any description of goods, section 7 shall apply, in relation to goods of that description which
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CAP. 362]
Trade Descriptions
[1987 Ed.
False represent- ations as to Royal approval or award, etc.
(cf. 1968 c. 29, s. 12.]
False represent- ations as to supply of goods. [cf. 1968 c. 29, s. 13.]
Prohibited import and export of certain goods.
Power to exempt goods sold for export.
[cf. 1968 c. 29, s. 32.)
(4) In any prosecution for an offence under subsection (1)(a) or (b) the burden of proving the assent of the proprietor shall lie on the defendant.
10. (1) Subject to the provisions of this Ordinance, any per- son who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are or are of a kind supplied to or approved by Her Majesty or any member of the Royal Family commits an offence.
(2) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, uses---
(a) without the authority of Her Majesty, any device or emblem signifying the Queen's Award to Industry or anything so nearly resembling such a device or emblem as to be likely to deceive; or
(b) without the authority of the Governor, any device or emblem signifying the Governor's Award for Hong Kong Design or anything so nearly resembling such a device or emblem as to be likely to deceive,
commits an offence.
11. Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are of a kind supplied to any person, commits an offence.
12. (1) Subject to section 13, no person shall import or export any goods to which a false trade description or forged trade mark, which expression shall be construed in accordance with section 9(3), is applied.
(2) Any person who imports or exports any goods contrary to subsection (1) commits an offence unless he proves that-
(a) he did not know, had no reason to suspect and could not with reasonable diligence have found out that the goods are goods to which a false trade description or forged trade mark is applied; or
(b) the goods are not intended for trade or business.
(3) This section shall not apply to any goods in transit.
13. In relation to goods which are intended for despatch to a destination outside Hong Kong, section 7 shall apply as if there were omitted from the matters included in the definition of "trade description" in section 2 those specified in paragraph (a) thereof, and, if the Governor by order specifies any other of those matters for the purposes of this section with respect to any description of goods, section 7 shall apply, in relation to goods of that description which
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