Page:Trade Descriptions Ordinance 1980 (Cap. 362).pdf/7

A392 5. (1) The Governor in Council may by order require that any description of advertisements of any goods specified in the order shall contain or refer to information (whether or not amounting to or including a trade description) relating to such goods and subject to the provisions of this Ordinance impose requirements as to the inclusion of that information or of an indication of the means by which it may be obtained.

(2) An order under this section may specify the form and manner in which any such information or indication is to be included in advertisements of any description and may make different provision for different circumstances.

(3) Where an advertisement of any goods to be supplied in the course of any trade or business fails to comply with any requirement imposed under this section, any person who publishes the advertisement commits an offence. PART II

6. (1) A person applies a trade description or trade mark or mark to goods if he—
 * (a) affixes or annexes it to or in any manner marks it on or incorporates it with—
 * (i) the goods themselves; or
 * (ii) anything in, on or with which the goods are supplied;
 * (b) places the goods in, on or with anything which the trade description or trade mark or mark has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods;
 * (c) uses the trade description or trade mark or mark in any manner likely to be taken as referring to the goods; or
 * (d) makes in any affidavit, declaration or writing any statement to the effect that a trade description or trade mark or mark is applicable to the goods.

(2) An oral statement may amount to the use of a trade description or trade mark or mark.

(3) Where goods are supplied in pursuance of a request in which a trade description or trade mark or mark is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that trade description or trade mark or mark, the person supplying the goods shall be deemed to have applied that trade description or trade mark or mark to the goods.

7. (1) Subject to the provisions of this Ordinance, any person who—
 * (a) in the course of any trade or business—
 * (i) applies a false trade description to any goods; or
 * (ii) supplies or offers to supply any goods to which a false trade description is applied; or