- (a) that it could have been lawfully applied to the goods if this Ordinance had not been enacted;
- (b) that the trade mark as applied is used to indicate such a connexion between the goods and the proprietor of the trade mark or a person registered under section 58 of the (Cap. 43.)Trade Marks Ordinance as a registered user of the trade mark; and
- (c) that the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on the commencement of this Ordinance.
Definition Orders.
[cf. 1968 c. 29, s. 7.]
33. Where it appears to the Governor in Council—
- (a) that it would be in the interest of persons to whom any goods are supplied; or
- (b) that it would be in the interest of persons by whom any goods are exported and would not be contrary to the interest of persons to whom such goods are supplied in Hong Kong,
that any expressions used in relation to the goods should be understood as having definite meanings, the Governor in Council may by regulations assign such meanings either—
- (i) to those expressions when used in the course of a trade or business as, or as part of, a trade description applied to the goods; or
- (ii) to those expressions when so used in such circumstances as may be specified in the regulations,
and where such a meaning is so assigned to an expression, it shall be deemed for the purposes of this Ordinance to have that meaning when used as referred to in paragraph (i) or, as the case may be, paragraph (ii) of this section.
Saving for civil rights.
[cf. 1968 c. 29, s. 35.]
34. A contract for the supply of any goods shall not be void or unenforceable by reason only of a contravention of any provision of this Ordinance.
Compensation for loss of goods seized under section 15(1)(f).
[cf. 1968 c. 29, s. 33.]
35. (1) Where any goods are seized or detained by an authorized officer under section 15 the Government shall, subject to this section, be liable to compensate the owner of the goods for any loss suffered by him by reason of the seizure or detention thereof or by reason that the goods, during the detention, are lost or damaged or deteriorate; but the owner shall not be entitled to compensation for any such loss if—
- (a) the goods are forfeited;
- (b) he is convicted of an offence under this Ordinance committed in relation to the goods; or
- (c) an order has been made in respect of the goods under section 31(6).
(2) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—
- (a) the owner of the goods;
- (b) the person in charge or control of the goods at the time they were seized;
- (c) the agents of the person specified in paragraphs (a) and (b); and
- (d) authorized officers, public officers and other persons concerned.
