Page:Trade Descriptions Ordinance 1980 (Cap. 362).pdf/3

A388 HONG KONG

Rh An Ordinance to prohibit false trade descriptions, false marks and misstatements in respect of goods provided in the course of trade; to confer power to require information or instruction relating to goods to be marked on or to accompany the goods or to be included in advertisements; to prohibit the unauthorized use of devices or emblems signifying an award by the Queen or the Governor; to restate the law relating to forgery of trade marks; to repeal the Merchandise Marks Ordinance; and for purposes connected therewith. [] Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof. PART I

1. This Ordinance may be cited as the Trade Descriptions Ordinance 1980 and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

2. (1) In this Ordinance, unless the context otherwise requires—

“advertisement” includes a catalogue, a circular and a price list;

“authorized officer” means a public officer appointed under section 14;

“Convention country” has the meaning assigned to it by section 13A(6) of the Trade Marks Ordinance;

“Director” means the Director of Trade, Industry and Customs, and includes the Commissioner of Trade, Industry and Customs and any Deputy or Assistant Commissioner of Trade, Industry or Customs;

“false trade description” means—
 * (a) a trade description which is false to a material degree;
 * (b) a trade description which, though not false, is misleading, that is to say, likely to be taken for such an indication of any of the matters specified in the definition of "trade description" as would be false to a material degree;
 * (c) anything which, though not a trade description, is likely to be taken for an indication of any of the matters specified in the definition of “trade description" and, as such an indication, would be false to a material degree;