Page:Trade Descriptions Ordinance 1980 (Cap. 362).pdf/16

Rh General on behalf of the Director may apply to a magistrate, the District Court or the High Court as the Attorney General thinks fit for the forfeiture of the goods.

(2) Where an application under subsection (1) is made to the District Court or the High Court, it shall be made and proceeded with in accordance with rules of court, and may be begun by motion.

(3) Where an application under subsection (1) is made to a magistrate, the magistrate shall issue a summons to the claimant requiring him to appear before a magistrate on the hearing of the application and shall cause a copy of such summons to be served upon the Director.

(4) Subject to the provisions of this Ordinance an application to a magistrate under subsection (1) shall be deemed to be a complaint for the purposes of section 8 of the Magistrates Ordinance.

(5) If, on the hearing of the application under subsection (1)—
 * (a) neither the claimant nor any other person appears before the court or magistrate to make a claim and the court or magistrate is satisfied that notice of the date of the hearing issued in accordance with rules of the court under subsection (2) or the summons issued under subsection (3), as the case may be, was duly served on the claimant; or
 * (b) neither the claimant nor any person satisfies the court or magistrate that he has a claim,

and the court or magistrate is satisfied that the goods are liable to forfeiture, the court or magistrate shall order that the goods be forfeited to the Crown.

(6) If, on the hearing of the application under subsection (1), the court or magistrate is satisfied that—
 * (a) the goods are liable to forfeiture; and
 * (b) a person has a claim thereof,

the court or magistrate may order that—
 * (i) the goods be forfeited to the Crown;
 * (ii) the goods be destroyed;
 * (iii) 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
 * (iv) 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 the authorized agent of the owner subject to any condition which the court or magistrate may specify in the order.

(7) On the hearing of an application under subsection (1) a certified true copy of the record of any proceedings in respect of an offence under this Ordinance shall be admissible in evidence. PART IV

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—