Hong Kong Ordinances

TRADE DESCRIPTIONS ORDINANCE - SECT 16C

Disclosure of information, etc.

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Where goods seized or detained under section 15 are, or are reasonably
suspected by the Commissioner to be, goods to which a forged  trade mark is
applied, or to which a trade mark or mark so nearly resembling a trade mark as
to be calculated to deceive is falsely applied, the Commissioner shall,
wherever reasonably practicable, notify the owner of the trade mark or his
authorized agent of the seizure or detention, as the case may be. (Amended 35
of 2000 s. 98)

(2) In the circumstances specified in subsection (1), the Commissioner may
disclose to the owner of the trade mark or to his authorized agent- (Amended
35 of 2000 s. 98)

   (a)  the time, and the address of the place, of seizure or detention of the
        goods;

   (b)  the name and address of the person from whom the goods have been
        seized or detained;

   (c)  the nature and quantity of the goods seized or detained;

   (d)  any statement made to the Commissioner by any person in connection
        with the seizure or detention, either with the prior consent in
        writing of that person or without such consent where that person is
        dead or cannot after reasonable enquiries by the Commissioner as to
        his whereabouts be found by the Commissioner;

   (e)  any other information or document relating to the goods seized or
        detained which the Commissioner thinks fit to disclose.

(3) The owner of a trade mark or his authorized agent- (Amended 35 of 2000 s.
98)

   (a)  where he seeks disclosure of any information or document that is not
        referred to in subsection (2); or

   (b)  where information or a document that is referred to in subsection (2)
        is not disclosed by the Commissioner, may apply to the Court of First
        Instance for an order requiring the Commissioner to disclose such
        information or document and the Court of First Instance may on such an
        application make such order for disclosure as it deems fit. (Amended
        25 of 1998 s. 2)

(4) An application under subsection (3) may be begun by motion with previous
notice to the Commissioner. (Added 2 of 1987 s. 2)