Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 79

Register is prima facie evidence

(1) Subject to subsection (4), the register shall be prima facie evidence of
anything required or authorized by this Ordinance or the rules to be
registered.

(2) A certificate purporting to be signed by the Registrar and certifying that
any entry in the register which he is authorized by this Ordinance or the
rules to make has or has not been made, or that any other thing which he is so
authorized to do has or has not been done, shall be prima facie evidence of
the matters so certified.

(3) Each of the following, that is to say-

   (a)  a copy of an entry in the register or an extract from the  register
        which is supplied under section 69(1) (right to copies of entries);

   (b)  a copy of-

        (i)    any document kept in the Registry;

        (ii)   an extract from any such document; or

        (iii)  any application for registration of a trade mark, which
               purports to be a certified copy or a certified extract shall,
               subject to subsection (4), be admitted in evidence in all
               courts, and in all proceedings, without further proof and
               without production of any original.

(4) This section is without prejudice to section 22A or 22B or Part IV of the
Evidence Ordinance ( Cap 8) and any provision made by virtue of that section
or Part.