Page:Trade Descriptions Ordinance 1980 (Cap. 362).pdf/5

A390 :(b) a trade mark registered in the register of trade marks kept under or preserved by the Trade Marks Act 1938;
 * (c) a trade mark—
 * (i) registered, or in respect of which an application for registration has been made, in a British territory or a Convention country; and.
 * (ii) capable of registration in Hong Kong under the Trade Marks Ordinance; and
 * (iii) in respect of which a period of 6 months has not expired since the date of the application for the registration thereof in a British territory or a Convention country.

(2) (a) For the purposes of this Ordinance, goods shall be deemed to have been—
 * (i) manufactured in the country in which they last underwent a treatment or process which changed permanently and substantially the shape, nature, form or utility of the basic materials used in their manufacture; or
 * (ii) produced in the country in which they were wholly grown or mined.


 * (b) The Director of Trade, Industry and Customs may by order specify—
 * (i) in relation to any description of goods, what treatment or process is to be regarded for the purposes of this Ordinance as resulting or not resulting in a permanent and substantial change in shape, nature, form or utility of the basic materials used in their manufacture;
 * (ii) in relation to any description of goods different parts of which were manufactured or produced in different countries, or of goods assembled in a country different from that in which their parts were manufactured or produced, in which of those countries the goods are to be regarded for the purposes of this Ordinance as having been manufactured or produced.

(3) For the purposes of this Ordinance, a trade description or statement published in any newspaper, book or periodical or in any film or sound or television broadcast shall not be deemed to be a trade description applied or statement made in the course of a trade or business unless it is or forms part of an advertisement.

3. (1) Notwithstanding the definition of “false trade description” in section 2, a trade description which indicates the fineness (whether in parts per thousand or in carats) of gold shall be a false trade description if that indication is false to any extent or degree, except by understating the fineness.

(2) For the purpose of construing descriptions relating to the fineness of gold—
 * (a) a description indicating that an article, or the metal in an article, is so many carats shall be presumed to be an indication that the article or metal is of gold, and that its fineness is that specified in the table in the Schedule for that number of carats;
 * (b) paragraph (a) shall not apply if (as in a case where the article is a precious stone) the word “carat” is used as a measure of weight for precious stones, and not as a measure of fineness.