OFFICIAL PROSECUTIONS REGULATIONS

OFFICIAL PROSECUTIONS REGULATIONS

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.





2. Before undertaking a prosecution the Attorney
General or the Director of Commerce and Industry, as the
case may be, may require to be furnished by an applicant
with a statement in writing briefly setting forth the nature
and circumstances of the case.

3. If after consideration of the circumstances the
Attorney General or the Director of Commerce and Industry
as the case may be, is satisfied that they disclose a case
proper for him to entertain, he may indicate to the applicant
what further or other information or evidence is in his
opinion necessary to enable Sim to undertake the prosecution
and may require him to take steps to obtain it, including
where necessary the purchase of goods in respect of whicli
the complaint is made. If the Attorney General or the
Director of Commerce and Industry as the case may be,
considers it desirable to do so in any particular c~ise, lie rnay
obtain the necessary evidence or any part thereof through
the police or through his own officers or agents.
4. For the purpose of obtaining such evidence, when-
ever the Attorney General or the Director of Commerce and
Industry, as the case may be, shall have reasonable cause
for suspecting that goods in respect of which the complaint
is made are in or upon any vessel, or are in or upon any
wharf, godown or premises in the Colony, it shall be lawful
for him or any officer deputed by him to enter such vessel,
wharf, godown or premises, and to seize and detain any
suspected goods found there.
5. If on all the evidence available the Attorney General
or the Director of Commerce and Industry, as the case may
be, is of opinion that there is no reasonable prospect of *a
conviction being obtained, or if he is of opinion that the
prosecution would be better or more properly conducted
otherwise than by the Crown or by the said Director, lie may
decline to undertake the prosecution.
6. The Attorney General or the Director of Commerce
and Industry may, before undertaking a prosecution, require
the applicant to give security for costs on such terms and in
such manner as he thinks proper.
7. These regulations may be cited as the Official Pro-
secutions Regulations.
Regulations - Fraser, vol. 1, p. 147. (Cap. 41). Ord. 42 of 1932, s. 11 (2), Schedule. G.N.A. 163/50. G.N.A. 163/50. Citation. Fees to be paid.

Regulations - Fraser, vol. 1, p. 147. (Cap. 41). Ord. 42 of 1932, s. 11 (2), Schedule. G.N.A. 163/50. G.N.A. 163/50. Citation. Fees to be paid.

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