TRADE MARKS ORDINANCE
95. Misuse of title “Trade Marks Registry”
Any person who uses on his place of business, or on any document issued by him, or otherwise, the words “Trade Marks Registry” or “商標註冊處” or any other words suggesting that his place of business is, or is officially connected with, the Registry, commits an offence and is liable on summary conviction to a fine at level 4.
96. Offences committed by and proceedings relating to corporations
(1) Where an offence under this Ordinance committed by a corporation is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the corporation, or a person purporting to act in any such capacity, he as well as the corporation is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) The following provisions apply for the purposes of proceedings for an offence under this Ordinance alleged to have been committed by a corporation—
- (a) any rules of court relating to the service of documents; and
- (b) section 19A (plea by a corporation before a magistrate) and section 87 (procedure on charge of indictable offence against corporation) of the Magistrates Ordinance (Cap. 227).
(3) In this section, “director” (董事) includes—
- (a) any person who occupies the position of director, by whatever name called; and
- (b) any person in accordance with whose directions or instructions
the directors of a corporation are accustomed to act.
(4) A person shall not be treated as a director of a corporation by reason only that the directors of the corporation act on advice given by him in a professional capacity.
PART XIII
Transitional Provisions, Consequential and Related Amendments and Repeals
97. Transitional matters, etc.
(1) Schedule 5 (transitional matters) has effect as respects transitional matters.
