SEIZURE OF PROHIBITED GOODS REGULATIONS

SEIZURE OF PROHIBITED GOODS REGULATIONS

MERCHANDISE MARKS.

Subsidiary legislation mider this Chapter, with subse-
quent amendments (if any) incorporated, is set out as
follows-
Page
Seizure of Prohibited Goods Regulations ... ... 228
Official Prosecutions Regulations ... ... 233

SEIZURE OF PROHIBITED GOODS REGULATIONS.
(Cap. 41, section 14).
(Ordinance No. 4 Of 1890).
[1st August, 1891.]
Seizure of prohibited goods.
Whereas by the Merchandise Marks Ordinance, herein-
after called the Ordinance-
after various provisions against the sale or exposure for sale,
or possession for sale, trade, or manufacture, of goods
with forged trade marks or false descriptions, or trade
marks falsely applied to them;
and after defining (amongst other things) 'trade mark' in
manner therein set forth, with reference to the Patents
and Designs Act, 1907, and the law of indicated British
possessions and foreign states; ,
and after defining 'trade description' as any. description,
statement or other indication, direct or indirect, as to
the number, qua ntity, measure, gauge or weight of
goods, as to the place or country in which any goods
were made or produced, as to the mode of manufactur-
ing or producing any goods, or as to the material of
which any goods are composed, or as to any goods
being the subject of any existing patent, privilege or
copyright;
and after defining 'false trade description,' and 'goods,'
',apply,' and 'falsely tpply',
it is provided by section 14 that-
(a) all such goods as above mentioned, and
(b) all goods of foreign manufacture, bearing any name
or trade mark being or purporting to bc the name
or trade mark of any manufacturer, dealer, or trader
in the United Kingdom, unless such name or mark
be accompanied by definite indication of the country
in which such goods were made or produced.,





shall be prohibited to be imported, and may be destroyed or
otherwise disposed of as the Director of Commerce and
Industry, hereinafter called the Director, may direct;
And whereas by section 16 of the Ordinance, after
authorizing the continued use of trade descriptions
lawfully and generally applied to goods of a parti-
cular class, or manufactured by a particular method,
to indicate such class or method, it is provided that,
where such trade description includes the name of
a place or country calculated to mislead as to where
the goods were actually made or produced, such
goods not having been actually made or produced
there, the said reciting section should not apply
(and, consequently, goods so marked would be pro-
hibited) unless there is added to the trade descrip-
tion, immediately before or after the name of the
place or country, in an equally conspicuous manner
with that name, the name of the place or country
in which the goods were actually made or produced,
with a statement that they were made ot. produced
there ;
And whereas it is also provided by the said section 14
that the Governor in Council may from time to time
make regulations, either general or special, respect-
ing the detention and forfeiture of goods the
importation of which is prohibited as hereinbefore
mentioned, and the conditions, if any, to be fulfilled
before such detention and forfeiture, and may by
such regulations determine the information, notices
and security to be given, and the evidence requisite
for any of the purposes of the: said section, and the
mode of verification of such evidence;
And it is further provided by the said section-
that before detaining goods or taking proceedings with
a view to the forfeiture thereof under the law relating
to the Ordinance, the Director may require that
such regulations as aforesaid shall be complied with,
and satisfy himself as to the liability of the goods to
forfeiture ;
that such regulations may apply to all goods, the
importation of which is probibited- by the said
section, ot- different regulations may be made respect-
ing different classes of such goods ;





and also that the regulations may provide for the informant
reimbursing the Director all expenses and damages incurred
in respect of any detention made on such information and of
any proceedings consequent on such detention ;

Now, therefore, the Governor in Council under and by virtue of
the hereinbefore recited power in that behalf doth hereby make and
require to be complied with the following regulations

1. Whenever the Director shall have reasonable cause for
believing or shall be informed by any private person as hereinafter
mentioned that goods prohibited to be imported as hereinbefore
recited, having applied to them forged trade marks, false trade
descriptions or marks, names, or descriptions otherwise illegal, are in or
upon any ship, junk or boat of any description in the waters of the
Colony or are in or upon any wharf, godown or premises in the Colony,
it shall be lawful.for the Director or any officer deputed -by- -him- to
enter such ship, junk, boat, wharf, godown or premises and seize and
detain any such suspected goods and then and there or at such other
time as may be convenient to inspect and examine the same and for that
purpose to order them to be removed to or detained in such place as he
may determine : Provided always that if any private person with a view
to the detention of any such goods shall give information to the.
Director, he shall in such information comply with the following
conditions

(a)he shall give to the Director notice in writing stating

(i) the number of packages of such goods, as far as he is
able to state the same ;

(ii) the description of the goods by making or other
particulars sufficient for their identification

(iii) the value of the goods;

(iv) the name or other sufficient indication of the. ship or
wharf or other place wherein the goods are suspected to be ;

(v) the manner in which the goods infringe the Ordinance;
and

(vi) if the goods are not already within the Colony, the
date of the expected arrival of the goods;





(b)he must deposit with the Director a sum sufficient
in the opinion of that officer to cover any additional
expense which may be incurred in the examination
required by, reason of his notice, and may be required
to find security, pursuant to the notice in that behalf
in the Schedule.

2. If, upon the arrival and examination of the goods,
the Director- is- satisfied- that there -is- no g-round for- their
detention, the Director shall cause them to be released and
re-delivered. If he is not so satisfied, he may decide to
detain the goods permanently, and in the case of detention
upon information from a private person he may require
security from the informant, if lie has not already given such
security, for reimbursing the Director all expenses and
damages incurred in respect of the detention made on his
information and of any, proceedings consequent thereon.

3. The security hereby required shall be an immediate
ad valorent deposit of ten per cent on the value of the goods
as fixed by the Director from the quantities or value shown
by the entry; and, also, subsequently a bond to be completed
witbin four days in double (lie value of the goods, witli two
approved sureties. The ad valorem deposit shall be returned
upon completion of the bond, and sliall not be required if,
as an alternative where time permits, the. informant prefers
to give a like bond before examination upon the estimated
value of the goods declared to by him under statutory
declaration. If the security is not duly given as above
required, the goods shall riot be detained.

4. The notice and bond required may be in the
respective forms contained in the Schedule or such other
forms as the Director may, having regard to the means
and time of,importation of the goods or the place wherein
the same are, require.

5. The security taken under these regulations shall be
given up at the times following-
(a)where given before examination, and if no detention
follows, forthwith;
(b) where given on or after detention-
(i) if the forfeiture is completed, either by lapse
of tirne or ultimate condemnation by a court of
justice, then on sticii coinpletion of forfeiture;





(ii) if the forfeiture is not completed, and
(a)the goods are released by the Director, and no
action or suit has been commenced against him
in respect of the detention, then at the expira-
tion of three months from the tirne of detention
or
(b)within such period as aforesaid any such action
or suit as,aforesaid has been commenced, then
upon the ultimate conclusion of such action or
suit, and the fulfilment of the purpose for which
the security was given.

6. These regulation~ apply to transhipment and transit
goods as well as to goods landed to be warehoused, or for
home consumption.

7. These regulations may be cited as the Seizure of
Prohibited Goods Regulations.

SCHEDULE.

NOTICE.
THE MERCHANDISE MARKS ORDINANCE.
(Chapter 41 of the Revised Edition).
To the Director of Commerce and Industry, at the port of
I hereby give you notice that the under-
(1) Describe the mentioned goods, that is to say, (1)
goods, number of
packages, marks are about to be imported into your port on or
used, and any
other particulars
necessary for about the day of next, in
their identifica-
tion. the (2) from
(2) Describe the ship,
and give name that such goods are liable to detention and
or indication.
(3) State how the
goods infringe the orfelture being .(3)
Ordinance, and if
the infringement that Mr. of
is one as to a
forged trade mark and Mr. of
protected in a
British possession
or foreign state, are prepared to become my sureties. in such bond
state the posses-
sion or stat~. or as may be required upon detention of the goods:
if the infringe-
ment is one as to
place or country And I request that the said goods may be
of origin, state
the name of the
place or country detained and dealt with accordingly.
falsely used.
Dated this day of 19.
A. B.,
(orA.B., Agent for C.D.).
NOTE-Mr. refers to his bankers [or
solicitors] and Mr. to his bankers [or
solicitors] as to his sufficiency for the penalty of the bond.





BOND.
THE MERCHANDISE MARKS ORDINANCE.
(Chapter 41 of the Revised Edition).
KNOW ALL MEN by these presents, that We, A.B., and
are held and firmly bound unto Our Sovereign Lord GEORGE VI,
by the Grace of God, of Great Britain, Ireland and the British
dominions beyond the seas, King, Defender of the Faith, in the sum
of pounds to be paid to our said Lord the King,
His Heirs or Successors for which payment well and truly to be
made we bind ourselves, jointly and severally, our heirs, executors
and administrators, firmly- by these presents.
Sealed with our Seals. Dated thisday,of
in the year of Our Lord, One thousand Nine hundred and
WHEREAS the above-named A.B. has by a notice dated the
day ofinformed the Director of Commerce and
Industry atthat the undermentioned goods, that is to
say,
were about to be imported into the port of
contrary to section 14 of the Merchandise Marks Ordinance, and
requested that the said goods should be detained and dealt with
accordingly:AND WHEREAS the said goods duly arrived in the
said port on the day oflast, and are now
detained pursuant to the said notice:Now the condition of this
obligation is such that if the said A.B., his executors or administra
tors, shall well and effectually indemnify, save harmless and keep
indon-iniPed His Majesty, His Heirs and Successors and all His and
the Director's, and their execu'ors or administrators, from and against
all loss or damage, payment or payments, and all costs and expenses
which Ilis said Majesty, His Heirs or Successors, and His and the
Director's executors or administrators shall or may sustain or incur
by reason or on account of any detention of the said goods following
upon the information contained in such notice and any proceedings
consequent upon such detention, then this obligation shall be void,
or otherwise shall be and remain in full force and virtue.
Signed, scaled and
delivered 1

OFFICIAL PROSECUTIONS REGULATIONS.
(Cap. 41, section 19).
(Ordinance No. 4 Of 1890).

[13th April, 1934.]

1. The prosecution of offences under the Merchandise
Marks Ordinance and any Ordinance amending the same
rnay, subject to the conditions hereinafter prescribed, be
undertaken by the Crown or by the Director of Commerce
and Industry in cases which appear to,the Attorney General
or to the said Director as the case may be, to affect the
.general interests of the Colony, or of a section of the corn-
inunity, or of a trade.
Regulations - Fraser, vol. 1, p. 140. (Cap. 41). [r. 5 cont.] Regulations - Fraser, vol. 1, p. 147. (Cap. 41).

Regulations - Fraser, vol. 1, p. 140. (Cap. 41). [r. 5 cont.] Regulations - Fraser, vol. 1, p. 147. (Cap. 41).

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