Hong Kong Ordinances

REGISTERED DESIGNS ORDINANCE - SECT 79

General power to make rules

PART VII

RULES AND REGULATIONS

(1) The Registrar may make rules-

   (a)  for the purposes of any provision of this Ordinance which contemplates
        or authorizes the making of rules (other than rules of court) with
        respect to any matter;

   (b)  for prescribing anything authorized or required by a provision of this
        Ordinance to be prescribed; and

   (c)  generally for regulating the practice and procedure under this
        Ordinance.

(2) Without prejudice to the generality of subsection (1), rules made under
this section may make provision-

   (a)  in connection with applications for registration of designs and other
        documents which may be filed with the Registrar-

        (i)    prescribing the form and contents of any such documents;

        (ii)   requiring copies of any such documents to be filed with the
               Registrar; and

        (iii)  prescribing the manner of filing of any such documents;

   (b)  regulating the procedure to be followed in connection with any
        proceeding or other matter before the Registrar and authorizing the
        rectification of irregularities of procedure;

   (c)  requiring fees to be paid in connection with any such proceeding or
        matter or in connection with the provision of any service by the
        Registry and providing for the remission of fees in the prescribed
        circumstances;

   (d)  empowering the Registrar, in such cases as may be specified in the
        rules, to require a party in any such proceeding to give security for
        costs, in relation to that proceeding or to proceedings on appeal, and
        providing for the consequences if security is not given;

   (e)  regulating the mode of giving evidence in any such proceeding and
        empowering the Registrar to compel the attendance of witnesses and the
        discovery of and production of documents;

   (f)  prescribing time limits for doing anything required to be done in
        connection with any such proceeding by this Ordinance or the rules and
        providing for the alteration of any period of time specified in this
        Ordinance or the rules;

   (g)  without prejudice to section 72, requiring and regulating the
        translation of documents in connection with a registered design or an
        application for registration of a design into the language of the
        proceedings or into one or both of the official languages and the
        filing and verification of any such translations; and

   (h)  providing for the publication and sale of documents by the Registry
        and of information about such documents.

(3) Rules made under this section may make different provision for different
cases.

(4) Rules made under this section-

(a) authorizing the rectification of irregularities of procedure; or

   (b)  providing for the alteration of any period of time, may authorize the
        extension or further extension of any period of time notwithstanding
        that the period has already expired.

(5) Rules made under this section prescribing fees (including any penalty fee
required by rules made under section 82(2)(b)) shall not be made except with
the consent of the Financial Secretary.

(6) Any rules made under subsection (2)(c) may-

   (a)  prescribe fees fixed at; or

   (b)  provide for fees to be fixed at, levels that provide for the recovery
        of expenditure incurred or likely to be incurred by the Government or
        other authority in the exercise of any or all functions under this
        Ordinance, and shall not be limited by reference to the amount of
        administrative or other costs incurred or likely to be incurred in the
        exercise of any particular function.

(7) Rules may be made under this section providing for arrangements to be made
by the Registrar for the publication of reports of decisions or orders made by
the Registrar under this Ordinance or decisions or orders relating to designs
made by any court or body (whether in Hong Kong or elsewhere).