1964_TRADE_DESCRIPTIONS_ORDINANCE — Page 20

1987 Ed.]

Trade Descriptions

[CAP. 362

30. (1) Any goods in respect of which an offence under this Ordinance has been committed shall be liable to forfeiture, whether or not any person has been convicted of any such offence.

(2) Where goods are seized or detained by an authorized officer under section 15, the Commissioner may at any time release such goods to the person who appears to him to be the owner thereof or his authorized agent subject to any such condition as the Commissioner may specify in writing.

(3) Where goods have not been released under subsection (2), the Commissioner may, whether in the same proceedings where an offence is prosecuted or in other proceedings under this Ordinance, apply to a court or magistrate for the forfeiture of the goods.

(4) If, on the hearing of an application under subsection (3), the court or magistrate is satisfied that the goods are liable to forfeiture, the court or magistrate may order that-

(a) the goods be forfeited to the Crown;

(b) the goods be destroyed;

(c) any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be disposed of in such manner and subject to any such condition as the court or magistrate may specify in the order; or

(d) any false trade description or forged trade mark applied to the goods be obliterated and thereafter the goods be released to the owner thereof or his authorized agent subject to any condition which the court or magistrate may specify in the order.

(5) Where under subsection (3) an application is made to a court or magistrate for the forfeiture of goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the goods or his authorized agent, unless the owner or his authorized agent has indicated in writing to the Commissioner that such notification is not required:

Provided that, if there is more than one owner of the goods, it shall be sufficient for the purposes of this subsection to give notice to one such owner or his authorized agent, unless one such owner or his authorized agent has indicated that such notification is not required. (Replaced, 2 of 1987, s. 6)

31. [Repealed, 2 of 1987, s. 6]

PART IV

MISCELLANEOUS

32. The fact that a trade description is a trade mark, or part of a trade mark, does not prevent it from being a false trade description when applied to any goods, except where the following conditions are satisfied, that is to say-

Forfeiture and disposal of certain goods.

Trade marks

19

containing trade descriptions. [cf 1968 c. 29, s. 34.]

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