Page:Trade Descriptions Ordinance 1980 (Cap. 362).pdf/9

A394 :(a) to forge a trade mark who either—
 * (i) without the assent of the proprietor of the trade mark, makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or
 * (ii) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise;
 * (b) falsely to apply to goods a trade mark who without the assent of the proprietor of that trade mark applies that trade mark to good,

unless he proves that he acted without infringing the right of the proprietor of the trade mark conferred by section 27 of the Trade Marks Ordinance, and “forged trade mark” shall be construed accordingly.

(4) In any prosecution for an offence under subsection (1)(a) or (b) the burden of proving the assent of the proprietor shall lie on the defendant.

10. (1) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are or are of a kind supplied to or approved by Her Majesty or any member of the Royal Family commits an offence.

(2) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, uses—
 * (a) without the authority of Her Majesty, any device or emblem signifying the Queen’s Award to Industry or anything so nearly resembling such a device or emblem as to be likely to deceive; or
 * (b) without the authority of the Governor, any device or emblem signifying the Governor’s Award for Hong Kong Design or anything so nearly resembling such a device or emblem as to be likely to deceive,

commits an offence.

11. Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are of a kind supplied to any person, commits an offence.

12. (1) Subject to section 13, no person shall import or export any goods to which a false trade description or forged trade mark, which expression shall be construed in accordance with section 9(3), is applied.

(2) Any person who imports or exports any goods contrary to subsection (1) commits an offence unless he proves that—
 * (a) he did not know, had no reason to suspect and could not with reasonable diligence have found out that the goods are goods to which a false trade description or forged trade mark is applied; or
 * (b) the goods are not intended for trade or business.

(3) This section shall not apply to any goods in transit.

13. In relation to goods which are intended for despatch to a destination outside Hong Kong, section 7 shall apply as if there were omitted from the matters included in the definition of “trade description” in section 2 those specified in paragraph (a) thereof, and, if the Governor by order specifies any other of those matters for the purposes of this