WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/lfHKG/T/2 
20 March 2000 
(00-1137) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
The present document reproduces the text! of the Trade Descriptions Ordinance, as notified 
by Hong Kong, China under Article 63.2 of the Agreement (see document IP/N/1/HKG/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Le present document contient le texte! de l'Ordonnance sur les designations commerciales, 
notifiee par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/HKG/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
HONG KONG, CHINA 
En el presente documento se reproduce el texto! de la Orden sobre Designaciones 
Comerciales notificado por Hong Kong, China en virtud del p{trrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/IIHKG/2). 
1 In English only'/En anglais seulement.lEn ingles solamente. IP /NI lIHKG/T /2 
Page 2 
Chapter: 362 Title: 
Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Long title Gazette Number: 
Version Date: 30106/1997 
To prohibit false trade descriptions, false marks and misstatements in respect of goods provided in the 
course of trade; to confer power to require information or instruction relating to goods to be marked 
on or to accompany the goods or to be included in advertisements; to prohibit the unauthorized use of 
devices or emblems signifying an award by the Queen or the Governor; to restate the law relating to 
forgery of trade marks; and for purposes connected therewith. 
(Originally 69 of 1980) 
Chapter: 362 Title: 
Section: 1 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Short title 
PART I 
PRELIMINARY [1 April 1981] L.N. 64 of 1981 
Gazette Number: 
Version Date: 30106/1997 
This Ordinance may be cited as the Trade Descriptions Ordinance. Chapter; 362 Tit!(:: 
Section: 2 Heading: T'RAQEDESCRfPTIONS 
ORDINANCB 
Interpretation Version Date: IP/N/l/HKG/T/2 
Page 3 
3010611997 
(1) In this Ordinance, unless the context otherwise requires­
"advertisement" includes a catalogue, a circular and a price list; 
"authorized officer" means a public officer appointed under section 14; 
"Commissioner" means the Commissioner of Customs and Excise and any Deputy or Assistant 
Commissioner of Customs and Excise; (Added L.N. 294 of 1982) 
"Convention country" has the meaning assigned to it by section 13A(6) of the Trade Marks 
Ordinance (Cap 43); 
"false trade description" means-
(a) a trade description which is false to a material degree; 
(b) a trade description which, though not false, is misleading, that is to say, likely to be taken for 
such an indication of any of the matters specified in the definition of "trade description" as 
would be false to a material degree; 
(c) anything which, though not a trade description, is likely to be taken for an indication of any 
of the matters specified in the definition of "trade description" and, as such an indication, 
would be false to a material degree; 
(d) a false indication, or anything likely to be taken as an indication which would be false, that 
any goods comply with a standard specified or recognized by any person or implied by the 
approval of any person if there is no such person or no standard so specified, recognized or 
implied; or 
(e) a false indication, or anything likely to be taken as an indication which would be false, that 
any goods of any class or type-
(i) being goods in respect of which duty is payable under the laws of Hong Kong, are 
supplied free of the duty so payable in respect of that class or type of goods; or 
(ii) not being goods in respect of which duty is payable under the laws of Hong Kong, are 
supplied free of the duty so payable; [cf. 1968 c. 29 s. 3 U.K.] 
"goods" includes vessel and aircraft, things attached to land and growing crops; 
"goods in transit" means goods which-
(a) are brought into Hong Kong solely for the purpose of taking them out of Hong Kong; and 
(b) remain at all times in or on the vessel or aircraft in or on which they are brought into Hong 
Kong; (Amended 43 of 1996 s. 2) 
"import" means to bring, or cause to be brought, into Hong Kong; 
"premises" includes any place and any stall, vehicle, vessel or aircraft; 
"trade description" means an indication, direct or indirect, and by whatever means given, of 
any of the following matters with respect to any goods or parts of goods, that is to say-
(a) quantity (which includes length, width, height, area, volume, capacity, weight and number), 
size or gauge; 
(b) method of manufacture, production, processing or reconditioning; 
(c) composition; 
(d) fitness for purpose, strength, performance, behaviour or accuracy; 
(e) any physical characteristics not included in the preceding paragraphs; 
(t) testing by any person and results thereof, 
(g) approval by any person or conformity with a type approved by any person; 
(h) place or date of manufacture, production, processing or reconditioning; 
(i) person by whom manufactured, produced, processed or reconditioned; 
(j) other history, including previous ownership or use; [cf. 1968 c. 29 s. 2(1) u.K.] 
"trade mark" means-
(a) a trade mark relating to goods registered in Hong Kong under the Trade Marks Ordinance 
(Cap 43); (Amended 44 of 1991 s. 57) 
(aa) a certification trade mark in respect of goods registered in Hong Kong under the Trade IP/N/1/HKG/T/2 
Page 4 
Marks Ordinance (Cap 43); (Added 11 of 1996 s. 12) 
(b) a trade mark registered in the register of trade marks kept under or preserved by the Trade 
Marks Act 1938 (1938 c. 22 U.K.); 
(c) a trade mark-
(i) registered, or in respect of which an application for registration has been made, in a 
British territory or a Convention country; and 
(ii) capable of registration in Hong Kong under the Trade Marks Ordinance (Cap 43) as a 
trade mark relating to goods; and (Amended 44 of 1991 s. 57) 
(iii) in respect of which a period of 6 months has not expired since the date of the 
application for the registration thereof in a British territory or a Convention country. 
(2) (a) For the purposes of this Ordinance, goods shall be deemed to have been-
(i) manufactured in the country in which they last underwent a treatment or process 
which changed permanently and substantially the shape, nature, form or utility of the 
basic materials used in their manufacture; or 
(ii) produced in the country in which they were wholly grown or mined. 
(b) The Commissioner may by order speciry- (Amended L.N. 294 of 1982) 
(i) in relation to any description of goods, what treatment or process is to be regarded for 
the purposes of this Ordinance as resulting or not resulting in a permanent and 
substantial change in shape, nature, form or utility of the basic materials used in their 
manufacture; 
(ii) in relation to any description of goods different parts of which were manufactured or 
produced in different countries, or of goods assembled in a country different from that 
in which their parts were manufactured or produced, in which of those countries the 
goods are to be regarded for the purposes of this Ordinance as having been 
manufactured or produced. [cf. 1968 c.29 s.36 u.K.] 
(c) This subsection shall not apply to goods which are the subject of a notice published under 
subsection (2A). (Added 96 of 1991 s. 2) 
(2A) The Director-General of Trade may by notice in the Gazette specify in relation to any description 
of goods (being goods that are subject to a scheme of import or export control specified in the notice) the 
place in which the goods are to be regarded for the purposes of this Ordinance as having been manufactured 
or produced, and any such goods shall, for the purposes of this Ordinance, be deemed to have been 
manufactured or produced in such place. (Added 96 of 1991 s. 2) 
(3) For the purposes of this Ordinance, a trade description or statement published in any newspaper, 
book or periodical or in any film or sound or television broadcast shall not be deemed to be a trade 
description applied or statement made in the course of a trade or business unless it is or forms part of an 
advertisement. [cf. 1968 c. 29 s. 39(2) U.K.] Chapter. 362 Title: TI{;.bJ)S DESCRlPTlONS 
ORDINANCe 
Spedalpt()viSiOIlS 
applicable to goldware Version Dat~: IP/N/IIHKG/T/2 
Page 5 
(1) Notwithstanding the definition of "false trade description" in section 2, a trade description which 
indicates the fineness (whether in parts per thousand or in carats) of gold shall be a false trade description if 
that indication is false to any extend or degree, except by understating the fineness. [cf. 1973 c. 43 s. 1(4) 
U.K.] 
(2) For the purpose of construing descriptions relating to the fineness of gold-
(a) a description indicating that an article, or the metal in an article, is so many carats shall be 
presumed to be an indication that the article or metal is of gold, and that its fineness is that 
specified in the table in the Schedule for that number of carats; 
(b) paragraph (a) shall not apply if (as in a case where the article is a precious stone) the word 
"carat" is used as a measure of weight for precious stones, and not as a measure of fineness. 
[cf. 1973 c. 43 Sch. 1 U.K.] 
(3) Notwithstanding the definition of "false trade description" in section 2-
(a) a trade description which indicates that any article (other than an article of pure gold) is of 
gold shall be a false trade description unless the article consists solely of gold alloy and-
(i) contains not less than 8 carats of gold; or 
(ii) bears a mark clearly indicating in carats, by number or by number and the letters "k", 
"c" or "ct", the fineness of the gold content; or 
(iii) bears a mark clearly indicating in parts per thousand the fineness of the gold content; 
and 
(b) a mark calculated to be taken as an indication of the fineness of gold of an article-
(i) which is plated with or enclosed in gold alloy or gilded; or 
(ii) to which gold alloy is soldered or otherwise affixed, 
shall be a false trade description unless it is manifest from the appearance of the article that 
the mark refers solely to the part of the article which consists of gold alloy. 
(4) Any number of 1 or 2 digits on an article which indicates or purports to indicate, or is likely to be 
taken as an indication of, the fineness in carats of its gold content shall be a false trade description unless the 
article contains at least the same proportion of pure gold as the number bears to 24. 
(5) Any number of 3 digits on an article which indicates or purports to indicate, or is likely to be 
taken as an indication of, the fineness in number of parts per thousand of its gold content shall be a false 
trade description unless the article contains gold of such a standard of fineness. 
(6) For the purposes of this section "fineness" means the proportion of pure gold in 
accordance with subsection (4) or the number of parts by weight of gold in accordance with subsection (5) 
as the case may require. IP/N/lIHKG/T/2 
Page 6 
Chapter: 362 
Section: 4 Title: 
Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Marking orders Gazette Number: 
Version Date: 30106/1997 
(1) The Governor in Council may by order require that any goods specified in the order shall be 
marked with or accompanied by any information (whether or not amounting to or including a trade 
description) or instruction relating to the goods and, subject to the provisions of this Ordinance, impose 
requirements for securing that the goods are so marked or accompanied, and regulate or prohibit the supply 
of goods with respect to which the requirements are not complied with; and the requirements may extend to 
the form and manner in which the information or instruction is to be given. 
(2) Where an order under this section is in force with respect to goods of any description, any person 
who, in the course of any trade or business, supplies or offers to supply goods of that description in 
contravention of the order commits an offence. 
(3) An order under this section may make different provision for different circumstances and may, in 
the case of goods supplied in circumstances where the information or instruction required by the order 
would not be conveyed until after delivery, required the whole or part thereof to be also displayed near the 
goods. 
Chapter: 362 Title: 
Section: 5 Heading: [cf. 1968 c. 29 s. 8 U.K.] 
TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Information to be given in Version Date: 
advertisements 30/0611997 
(1) The Governor in Council may by order require that any description of advertisements of any 
goods specified in the order shall contain or refer to information (whether or not amounting to or including a 
trade description) relating to such goods and subject to the provisions of this Ordinance impose requirements 
as to the inclusion of that information or of an indication of the means by which it may be obtained. 
(2) An order under this section may specify the form and manner in which any such information or 
indication is to be included in advertisements of any description and may make different provision for 
different circumstances. 
(3) Where an advertisement of any goods to be supplied in the course of any trade or business fails 
to comply with any requirement imposed under this section, any person who publishes the advertisement 
commits an offence. 
[cf. 1968 c. 29 s. 9 U.K.] Chapter: 362 
Section: 6 IP/N/IJHKG/T/2 
Page 7 
Title: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Heading: Applying a trade Version Date: 
description, trade mark or 
mark to goods 
PART 11 
FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS 
AND FORGED TRADE MARKS 30/0611997 
(1) A person applies a trade description or trade mark or mark to goods if he-
(a) affixes or annexes it to or in any manner marks it on or incorporates it with-
(i) the goods themselves; or 
(ii) anything in, on or with which the goods are supplied; 
(b) places the goods in, on or with anything which the trade description or trade mark or mark 
has been affixed or annexed to, marked on or incorporated with, or places any such thing 
with the goods; 
(c) uses the trade description or trade mark or mark in any manner likely to be taken as 
referring to the goods; or 
(d) makes in any affidavit, declaration or writing any statement to the effect that a trade 
description or trade mark or mark is applicable to the goods. 
(2) An oral statement may amount to the use of a trade description or trade mark or mark. 
(3) Where goods are supplied in pursuance of a request in which a trade description or trade mark or 
mark is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as 
goods corresponding to that trade description or trade mark or mark, the person supplying the goods shall be 
deemed to have applied that trade description or trade mark or mark to the goods. 
[cf. 1968 c. 29 s. 4 U.K.] 
Chapter: 362 Title: TRADE DESCRIPTIONS Gazette Number: 
ORDINANCE 
Section: 7 Heading: Offences in respect of trade Version Date: 30/06/1997 
descriptions 
(1) Subject to the provisions of this Ordinance, any person who­
(a) in the course of any trade or business-
(i) applies a false trade description to any goods; or 
(ii) supplies or offers to supply any goods to which a false trade description is applied; or 
(b) has in his possession for sale or for any purpose of trade or manufacture any goods to which 
a false trade description is applied, 
commits an offence .. 
(2) A person exposing goods for supply or having goods in his possession for supply shall be deemed 
to offer to supply them. 
(3) Subject to the provisions of this Ordinance any person who disposes of or has in his possession 
any die, block, machine, or other instrument for the purpose of making, or applying to goods a false trade 
description commits an offence unless he proves that he acted without intent to defraud. 
[cf. 1968 c. 29 s. 1 U.K.] IP/N/1/HKG/T/2 
Page 8 
Chapter: 362 Title: 
Section: 8 Heading: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Trade descriptions used in Version Date: 
advertisements 30106/1997 
(1) The following provisions of this section shall have effect where in an advertisement a trade 
description is used in relation to any class of goods. 
(2) The trade description shall be taken as referring to all goods of the class, whether or not in 
existence at the time the advertisement is published-
(a) for the purpose of determining whether an offence has been committed under section 
7(1)(a)(i); and 
(b) where goods of the class are supplied or offered to be supplied by a person publishing or 
displaying the advertisement, also for the purpose of determining whether an offence has 
been committed under section 7(1 )(a)(ii). 
(3) In determining for the purposes of this section whether any goods are of a class to which a trade 
description used in an advertisement relates, regard shall be had not only to the form and content of the 
advertisement but also to the time, place, manner and frequency of its publication and all other matters 
making it likely or unlikely that a person to whom the goods are supplied would think of the goods as 
belonging to the class in relation to which the trade description is used in the advertisement. 
Chapter: 362 Title: 
Section: 9 Heading: [cf. 1968 c. 29 s. 5 U.K.) 
TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Offences in respect of trade Version Date: 
marks 3010611997 
(1) Subject to the provisions of this Ordinance, any person who­
(a) forges any trade mark; 
(b) falsely applies to any goods any trade mark or any mark so nearly resembling a trade mark 
as to be calculated to deceive; 
(c) makes any die, block, machine or other instrument for the purpose of forging, or of being 
used for forging, a trade mark; 
(d) disposes of or has in his possession any die, block, machine or other instrument for the 
purpose of forging a trade mark; or 
(e) causes to be done anything referred to in paragraph (a), (b), (c) or (d), 
commits an offence unless he proves that he acted without intent to defraud. 
(2) Subject to the provisions of this Ordinance, any person who sells or exposes or has in his 
possession for sale or for any purpose of trade or manufacture, any goods to which any forged trade mark is 
applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to 
deceive is falsely applied, commits an offence. 
(3) For the purposes of this section, a person shall be deemed­
(a) to forge a trade mark who either-
(i) ,without the assent of the proprietor of the trade mark, makes that trade mark or a 
mark so nearly resembling that trade mark as to be calculated to deceive; or 
(ii) falsifies any genuine trade mark, whether by alteration, addition, effacement or 
otherwise; 
(b) falsely to apply to goods a trade mark who without the assent of the proprietor of that trade 
mark applies that trade mark to goods, (Amended L.N. 346 of 1982) 
unless he proves that he acted without infringing the right of the proprietor of the trade mark conferred by 
section 27 or 67 of the Trade Marks Ordinance (Cap 43), and "forged trade mark" shall be 
construed accordingly. (Amended 11 of 1996 s. 13) 
(4) In any prosecution for an offence under subsection (l)(a) or (b) the burden of proving the assent 
of the proprietor shall lie on the defendant. Chapter: 362 Title: 
Section: 10 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
False representations as to 
Royal approval or awards, 
etc. IP/NIIIHKG/T/2 
Page 9 
Gazette Number: 
Version Date: 30106/1997 
(1) Subject to the provisions of this Ordinance, any person who, in the course of any trade or 
business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him 
are or are of a kind supplied to or approved by Her Majesty or any member of the Royal Family commits 
an offence. 
(2) Subject to the provisions of this Ordinance, any person who, in the course of any trade or 
business, uses-
(a) without the authority of Her Majesty, any device or emblem signifying the Queen's Award 
to Industry or anything so nearly resembling such a device or emblem as to be likely to 
deceive; or 
(b) without the authority of the Governor, any device or emblem signifying the Governor's 
Award for Hong Kong Design or anything so nearly resembling such a device or emblem as 
to be likely to deceive, 
commits an offence. 
Chapter: 362 Title: 
Section: 11 Heading: [cf. 1968 c. 29 s. 12 U.K.] 
TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
False representations as to Version Date: 
supply of goods 3010611997 
Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, 
gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are of a 
kind supplied to any person, commits an offence. 
[cf. 1968 c. 29 s. 13 U.K.] IP/N/l/HKG/T12 
Page 10 
Chapter: 362 
Section: 12 Title: 
Heading: TRADE DESCRIPTIONS Gazette Number: 
ORDINANCE 
Prohibited import and Version Date: 3010611997 
export of certain goods 
(1) Subject to section 13, no person shall import or export any goods to which a false trade 
description or forged trade mark, which expression shall be construed in accordance with section 9(3), is 
applied. 
(2) Any person who imports or exports any goods contrary to subsection (1) commits an offence 
unless he proves that-
(a) he did not know, had no reason to suspect and could not with reasonable diligence have 
found out that the goods are goods to which a false trade description or forged trade mark is 
applied; or 
(b) the goods are not intended for trade or business. 
(3) This section shall not apply to any goods in transit. 
Chapter: 362 Title: 
Section: 13 Heading: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Power to exempt goods sold Version Date: 
for export 30106/1997 
In relation to goods which are intended for despatch to a destination outside Hong Kong, section 7 
shall apply as if there were omitted from the matters included in the definition of "trade description" in 
section 2 those specified in paragraph (a) thereof, and, if the Governor by order specifies any other of those 
matters for the purposes of this section with respect to any description of goods, section 7 shall apply, in 
relation to goods of that description which 
are intended for despatch to a destination outside Hong Kong, as if the matters so specified were also 
omitted from those included in the definition of "trade description" in section 2. 
Chapter: 362 Title: 
Section: 14 Heading: [cf. 1968 c. 29 s. 32 U.K.] 
TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Appointment of authorized Version Date: 
officers 
PART III 
ENFORCEMENT 3010611997 
(I) The Commissioner may appoint any public officer to be an authorized officer for the purposes of 
this Ordinance. 
(2) The Commissioner may exercise any of the powers conferred on an authorized officer under this 
Ordinance. 
(Amended L.N. 294 of 1982) Chapter: 362 Tide: 
Section: IS Heading: TRADB DBSCRIYHONS 
ORDINANCE Gazette Number: 
Power to enJ(lr premises: Version Date: 
and illspectano ~ize goods 
and documents IP/N/lIHKG/T/2 
Page 11 
30106/1997 
(1) An authorized officer may, on production, if required, of evidence of his appointment-
(a) make such purchases of goods as may appear expedient for the purpose of determining 
whether or not the provisions of this Ordinance are being complied with; 
(b) for the purpose of ascertaining whether any offence under this Ordinance has been or is 
being committed, inspect any goods and enter any premises other than domestic premises; 
(c) if he has reasonable cause to suspect that an offence under this Ordinance has been 
committed, seize or detain any goods for the purpose of ascertaining, by testing or 
otherwise, whether the offence has been committed; 
(d) if he has reasonable cause to suspect that an offence under this Ordinance has been 
committed and for the purpose of ascertaining whether it has been committed, require any 
person carrying on a trade or business or employed in connection with a trade or business to 
produce any books or documents relating to the trade or business and may take copies of, or 
of any entry in, any such book or document; 
(e) in the case of any premises, vehicle, vessel (other than a ship of war) or aircraft (other than 
a military aircraft) in which he has reasonable cause to suspect that there are goods in 
respect of which an offence under this Ordinance has been or is being committed-
(i) subject to section 16, enter and search such premises; 
(ii) stop and search such vehicle; or 
(iii) stop, board and search such vessel or aircraft; 
(t) seize, remove or detain-
(i) any goods in respect of which he has reasonable cause to suspect an offence under 
this Ordinance has been or is being committed; and 
(ii) anything which he has reason to believe may be required as evidence in proceedings 
for an offence under this Ordinance. 
(2) An authorized officer may-
(a) break open any container or open any vending machine for the purpose of exercising his 
powers under subsection (1)(t) to seize goods; 
(b) break open any outer or inner door of any place which he is empowered or authorized by or 
under this Ordinance to enter and search; 
(c) forcibly board any vessel or aircraft which he is empowered by this Ordinance to stop, 
board or search; 
(d) remove by force any person or thing obstructing him in the exercise of any power conferred 
on him by this Ordinance; 
(e) detain any person found in any premises which he is empowered or authorized by or under 
this Ordinance to search until such place has been so searched; 
(t) detain any vessel or aircraft which he is empowered by this Ordinance to stop, board and 
search, and prevent any person from approaching or boarding such vessel or aircraft until it 
has been so searched; 
(g) detain any vehicle which he is empowered by or under this Ordinance to stop and search 
until it has been so searched. 
[cf. 1968 c. 29 ss. 27 & 28 U.K.] IP/NIIIHKG/T/2 
Page 12 
Chapter: 362 Title: TRADE DESCRIPTIONS Gazette Number: 
ORDINANCE 
Section: 16 Heading: Restrictions on the entry Version Date: 30106/1997 
and search of domestic 
premises 
(1) No domestic premises shall be entered and searched by an authorized officer unless­
(a) a magistrate has issued a warrant under subsection (2); or 
(b) the Commissioner has given an authorization under subsection (3). (Amended L.N. 294 of 
1982) 
(2) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for 
suspecting that there is in any domestic premises any goods or thing which may be seized, removed or 
detained under section 15(1)(f), issue a warrant authorizing an authorized officer to enter and search the 
premises. 
(3) The Commissioner may, if he is satisfied that there is reasonable ground for suspecting­
(Amended L.N. 294 of 1982) 
(a) that there is in any domestic premises any goods or thing which may be seized, removed or 
detained under section 15(l)(f); and 
(b) that unless the premises are entered and searched immediately such goods or thing are likely 
to be removed from the premises, 
authorize in writing an authorized officer to enter and search the premises. 
(4) An authorized officer authorized under subsection (2) or (3) to enter and search any domestic 
premises may take with him such other persons and such equipment as may appear to him to be necessary. 
Chapter: 362 Title: 
Section: 16A Heading: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Power to detain goods by Version Date: 
locking or sealing premises 
or container 30/06/1997 
(1) An authorized officer may, for the purpose of detaining, under section 15-
(a) any goods in respect of which he has reasonable cause to suspect that an offence under this 
Ordinance has been or is being committed; and 
(b) anything which he has reason to believe may be required as evidence in proceedings for an 
offence under this Ordinance, 
place a lock or seal on any premises or container in which the goods or things are. 
(2) If a lock or seal is placed on any premises or container under subsection (1), the period for which 
the lock or seal is placed shall not exceed 7 days without the consent in writing of the owner of the premises 
or container, or his authorized agent. 
(3) If an authorized officer has placed a lock or seal on any premises or container under subsection 
(I), any person who breaks or interferes with such lock or seal commits an offence unless he does so-
(a) in the bona fide belief that it is necessary immediately to break or interfere with the lock or 
seal in order to prevent-
(i) injury being suffered by any person; or 
(ii) damage being incurred to any such premises or container, as the case may be; or 
(b) in the exercise of his duties as a public officer. 
(Added 2 of 1987 s. 2) Chapter: 362 TIde: 
Section: 16D Heading: TRADE DESCRIPTIONS 
ORDINANCE 
International co-operation IPINIlIHKG/T12 
Page 13 
Gazette Number: 
Version Date: 3010611997 
The Commissioner may, for the purpose of promoting international co-operation in the protection of 
intellectual property rights, disclose information obtained in pursuance of this Ordinance to the customs 
authorities of any Convention country. 
(Added 11 of 1996 s. 14) IP/N/l/HKG/T/2 
Page 14 
362 TRADEDESCR.lPT10NS 
ORmNANCB 
$e<;tion: 17 Offi!ntes ofQf)struction:l.lld Version Da~~: 
disclosure ofiafotmadon CH/07!1997 
Remarks: 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Without prejudice to any other Ordinance, any person who-
(a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of 
his duties under this Ordinance; 
(b) wilfully fails to comply with any requirement properly made to him by any such authorized 
officer; or 
(c) without reasonable excuse fails to give such authorized officer any other assistance or 
information which the authorized officer may reasonably require of him for the purpose of 
the performance of the officer's functions under this Ordinance, (Amended L.N. 65 of 
1986) 
commits an offence. 
s. 3) (2) Subject to subsection (2A), any person who discloses to any other person- (Amended 2 of 1987 
(a) any information with respect to any manufacturing process or trade secret obtained by him 
in premises which he has entered by virtue ofthis Ordinance; or 
(b) any information obtained by him in pursuance of this Ordinance, 
commits an offence unless the disclosure was made-
(i) in or for the purpose of the performance by him or any other person of functions under this 
Ordinance; or 
(ii) in the case of paragraph (b) under the direction or order of a court. 
(2A) A person does not commit an offence under subsection (2) by-
(a) disclosing information under section 16C(1) or (2) or under an order of the Court of First 
Instance made under section 16C(3); 
(b) disclosing information under section 16D; or 
(c) disclosing information under section 30F(1) or under an order of the Court of First Instance 
made under section 30F(2). (Replaced 11 of 1996 s. 15. Amended 25 of 1998 s. 2) 
(3) Any person who, in giving any such information as is referred to in subsection (1)( c), makes any 
statement which he knows to be false commits an offence. 
(4) Subject to subsection (5), nothing in this section shall be taken to-
(a) require a person to answer any question or give any information if to do so might 
incriminate that person or the wife or husband of that person; or 
(b) compel the production by a solicitor of a document containing a privileged communication 
made by or to him in that capacity or authorize the seizure of any such document in his 
possession. 
(5) A person shall not be excused, by reason that to do so may incriminate that person or the wife or 
husband of that person of an offence under this Ordinance-
(a) from answering any question put to that person in any civil proceedings; 
(b) from complying with any order made in any such proceedings, 
but no statement or admission made by a person in answering a question put or complying with an order 
made shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that 
person or (unless they married after the making of the statement or admission) against the wife or husband 
of that person. (Amended L.N. 123 of 1982) 
[cf. 1968 c. 29 s. 29 U.K.] Chapter: 362 Title: 
Section: 16B Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Powers of arrest of 
authorized officers Gazette Number: 
Version Date: IP/NIIIHKG/T/2 
Page 15 
30106/1997 
(1) An authorized officer may, subject to subsection (2), arrest or detain for further enquiries without 
warrant any person whom he reasonably suspects of having committed any offence under this Ordinance. 
(2) An authorized officer who arrests any person under subsection (1) shall forthwith take the person 
to a police station or, if further enquiries are necessary, first to an office of the Customs and Excise 
Department and then to a police station, there to be dealt with in accordance with the provisions of the 
Police Force Ordinance (Cap 232): 
Provided that in no case shall any person be detained for more than 48 hours without being charged 
and brought before a magistrate. 
(3) If any person forcibly resists or attempts to evade arrest under this section, the authorized officer 
may use such force as is reasonably necessary to effect the arrest. 
Chapter: 362 Title: 
Section: 16C Heading: 
Remarks: (Added 2 of 1987 s. 2) 
TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 25 of 1998 s. 2 
Disclosure of information, Version Date: 
etc. 0110711997 
Amendments retroactively made -see 25 of 1998 s. 2 
(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 proprietor of the trade mark or his authorized agent of the 
seizure or detention, as the case may be. 
(2) In the circumstances specified in subsection (1), the Commissioner may disclose to the proprietor 
of the trade mark or to his authorized agent-
(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 proprietor of a trade mark or his authorized agent-
(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 
Commis.sioner. 
(Added 2 of 1987 s. 2) IP/N/1/HKG/T/2 
Page 16 
Chapter: 362 
Section: 18 Title: 
Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Penalties Gazette Number: 
Version Date: 30106/1997 
(1) Any person who commits an offence under section 4, 5, 7, 9, 10, 11 or 12 shall be liable­
(a) on conviction on indictment, to a fine of $500000 and to imprisonment for 5 years; and 
(b) on summary conviction, to a fine of $lOOOOO and to imprisonment for 2 years. 
(lA) Any person who commits an offence under section 16A(3) shall be liable to a fine of $5000 and 
to imprisonment for 3 months. (Added 2 of 1987 s. 4) 
(2) Any person who commits an offence under section 17 shall be liable to a fine of $lOOOO and to 
imprisonment for 1 year. 
Chapter: 362 
Section: 19 Title: 
Heading: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Time limit for prosecutions Version Date: 
No prosecution for an offence under this Ordinance shall be brought after-
(a) the expiration of 3 years from the date of commission of the offence; or 30106/1997 
(b) the expiration of 1 year from the date of discovery of the offence by the prosecutor, 
whichever is the earlier. 
Chapter: 362 Title: 
Section: 20 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Offences by corporations Gazette Number: 
Version Date: 30106/1997 
Where a body corporate is convicted of an offence under this Ordinance, every person who, at the 
time of the commission of the offence, was a director, manager, secretary or other similar officer of the 
body corporate, or any person who was purporting to act in any such capacity, shall be deemed to be guilty 
of that offence unless he proves that the offence was committed without his knowledge, or that he exercised 
all due diligence to prevent the commission of the offence. Chapter: 362 Title: 
Section: 21 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Offences due to fault of 
other person Gazette Number: 
Version Date: IPINIlIHKG/T/2 
Page 17 
3010611997 
Where the commission by any person of an offence under this Ordinance is due to the act or default 
of some other person, that other person shall be guilty of the offence, and a person may be charged with 
and convicted of the offence by virtue of this section whether or not proceedings are taken against the 
first-mentioned person. 
Chapter: 362 Title: 
Section: 22 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Accessory to offences 
committed outside Hong 
Kong [cf. 1968 c. 29 s. 23 U.K.] 
Gazette Number: 
Version Date: 30106/1997 
Subject to the provisions of this Ordinance, any person who, in Hong Kong, procures, counsels, aids, 
abets or is accessory to the commission outside Hong Kong of an act which, if committed in Hong Kong, 
would be an offence under this Ordinance, commits that offence as a principal and shall be liable to be 
prosecuted in Hong Kong as if the offence had been committed within Hong Kong. 
Chapter: 362 Title: 
Section: 23 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Samples Gazette Number: 
Version Date: 30106/1997 
(1) Where any act or omission constitutes both an offence under this Ordinance and an offence 
under the Public Health and Municipal Services Ordinance (Cap 132), evidence on behalf of the prosecution 
concerning any sample procured for analysis shall be admissible in proceedings in respect of the offence 
under this Ordinance if, but only if, the provisions of section 63 of the Public Health and Municipal Services 
Ordinance (Cap 132) have been complied with. (Amended 10 of 1986 s. 32) 
(2) The Governor in Council may by regulations provide that in any proceedings for an offence 
under this Ordinance in relation to such goods as may be specified in the regulations (other than proceedings 
for an offence referred to in subsection (l» evidence on behalf of the prosecution concerning any sample 
procured for analysis shall not be admissible unless the sample has been dealt with in such manner as may 
be specified in the regulations. IP/N/1/HKG/T/2 
Page 18 
Chapter: 362 Title: 
Section: 24 Heading: TRADE DESCRlPTIONS 
ORDINANCE 
Evidence by certificate Gazette Number: 
Version Date: 30106/1997 
(1) The Governor in Council may by regulations provide that certificates issued by such persons as 
may be specified by the regulations in relation to such matters as may be so specified shall, subject to this 
section, be received in evidence of those matters in any proceedings under this Ordinance. 
(2) Such a certificate shaH not be received in evidence-
(a) unless the party against whom it is to be given in evidence has been served with a copy 
thereof not less than 7 days before the hearing; or 
(b) if that party has, not less than 3 days before the hearing served on the other party a notice 
requiring the attendance of the person issuing the certificate. 
(3) For the purposes of this section any document purporting to be such a certificate as is referred to 
in this section shaH be deemed to be such a certificate unless the contrary is shown. 
Chapter: 362 Title: 
Section: 24A Heading: [cf. 1968c.29s.31 U.K.] 
TRADE DESCRlPTIONS 
ORDINANCE Gazette Number: 
Rule of evidence regarding Version Date: 
imported goods with false 
trade description 3010611997 
In any prosecution for an offence under this Ordinance in respect of the import of goods to which a 
false trade description of the place or country of manufacture, production, processing or reconditioning is 
applied, evidence that the goods were imported from a place or country shaH be prima facie evidence that 
the goods were manufactured, produced, processed or reconditioned, as the case may be, in such place or 
country. 
(Added 2 of 1987 s. 5) 
Chapter: 362 Title: TRADE DESCRIPTIONS Gazette Number: 
ORDINANCE 
Section: 25 Heading: Description of trade mark Version Date: 30106/1997 
in pleading 
In any information, indictment, pleading, proceeding or document in which any trade mark or forged 
trade mark is intended to be mentioned, it shall be sufficient, without further description and without any 
copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark. Chapter: 362 Title: 
Section: 26 Heading: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Defence mistake, accident, Version Date: 
etc. IP/N/lIHKG/T/2 
Page 19 
30106/1997 
(1) In any proceedings for an offence under this Ordinance it shall, subject to subsection (2), be a 
defence for the person charged to prove-
(a) that the commission of the offence was due to a mistake or to reliance on information 
supplied to him or to the act or default of another person, an accident or some other cause 
beyond his control; and 
(b) that he took all reasonable precautions and exercised all due diligence to avoid the 
commission of such an offence by himself or any person under his control. 
(2) If in any case the defence provided by subsection (1) involves the allegation that the commission 
of the offence was due to the act or default of another person or to reliance on information supplied by 
another person, the person charged shall not, without leave of the court, be entitled to rely on that defence 
unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in 
writing giving such information identifying or assisting in the identification of that other person as was then 
in his possession. 
(3) In any proceedings for an offence under section 7(1)(a)(ii) or (b) it shall be a defence for the 
person charged to prove that he did not know, had no reason to suspect and could not with reasonable 
diligence have ascertained, that the goods did not conform to the description or that the description had been 
applied to the goods. 
(4) In any proceedings for an offence under section 9(2) it shall be a defence for the person charged 
to prove that he did not know, had no reason to suspect and could not with reasonable diligence have 
ascertained, that a forged trade mark had been applied to the goods or that a trade mark or mark so nearly 
resembling a trade mark as to be calculated to deceive had falsely been applied to the goods. 
Chapter: 362 Title: 
Section: 27 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Innocent publication of 
advertisements [cf. 1968 c. 29 s. 24 U.K.] 
Gazette Number: 
Version Date: 3010611997 
In proceedings for an offence under this Ordinance committed by the publication of an advertisement, 
it shall be a defence for the person charged to prove that he is a person whose business it is to publish or 
arrange for the publication of advertisements and that he received the advertisement for publication in the 
ordinary course of business and did not know and had no reason to suspect that its publication would 
amount to an offence under this Ordinance. 
[cf. 1968 c. 29 s. 25 U.K.] IP/N/1/HKG/T/2 
Page 20 
Chapter: 362 
Section: 28 Title: 
Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Costs in proceedings Gazette Number: 
Version Date: 30106/1997 
In any proceedings under this Ordinance, the magistrate or court hearing the proceedings may, 
notwithstanding any provision of any other Ordinance, make such order as to costs as he or it may think fit. 
Chapter: 362 Title: 
Section: 29 Heading: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Power to make orders with Version Date: 
respect to property in 
possession of the Crown 30106/1997 
Where any property has come into the possession of the Crown or any authorized officer acting under 
this Ordinance, section 102 of the Criminal Procedure Ordinance (Cap 221) shall, subject to this Ordinance, 
apply to such property in all respects as though such property had come into the possession of the police in 
connection with a criminal offence and such section shall be construed as though references to the Crown or 
such authorized officer, as the case may be, were substituted therein for references to the police. Chapter: 362 Title; 
Sedion: 30 Hea4ing:: ;TRADE DESCRIPTIONS 
ORDINANCE 
FQrfeltllre~1l4dlspos~J (if V ~l'Sion Date: 
certain goods IP/N/1/HKG/T/2 
Page 21 
30106/1 997 
(1) Any goods in respect of which an offence under this Ordinance has been committed shall be 
liable to forfeiture, whether or not any person has been convicted of any such offence. 
(2) Where goods are seized or detained by an authorized officer under section 15, the Commissioner 
may at any time release such goods to the person who appears to him to be the owner thereof or his 
authorized agent subject to any such condition as the Commissioner may specify in writing. 
(3) Where goods have not been released under subsection (2), the Commissioner may, whether in 
the same proceedings where an offence is prosecuted or in other proceedings under this Ordinance, apply to 
a court or magistrate for the forfeiture of the goods. 
(4) If, on the hearing of an application under subsection (3), the court or magistrate is satisfied that 
the goods are liable to forfeiture, the court or magistrate may order that­
(a) the goods be forfeited to the Crown; 
(b) the goods be destroyed; 
(c) any false trade description applied to the goods be obliterated and thereafter the goods be-
(i) disposed of in such manner and subject to any such condition as the court or 
magistrate may specify in the order; or 
(ii) released to the owner thereof or his authorized agent subject to any condition which 
the court or magistrate may specify in the order; or (Replaced 11 of 1996 s. 16) 
(d) in exceptional cases, any forged trade mark applied to the goods be obliterated and 
thereafter the goods be-
(i) disposed of in such manner and subject to any such condition as the court or 
magistrate may specify in the order; or 
(ii) released to the owner thereof or his authorized agent subject to any condition which 
the court or magistrate may specify in the order. (Replaced 11 of 1996 s. 16) 
(5) Where under subsection (3) an application is made to a court or magistrate for the forfeiture of 
goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith 
notify in writing the owner of the goods or his authorized agent, unless the owner or his authorized agent 
has indicated in writing to the Commissioner that such notification is not required: 
Provided that, if there is more than one owner of the goods, it shall be sufficient for the purposes of 
this subsection to give notice to one such owner or his authorized agent, unless one such owner or his 
authorized agent has indicated that such notification is not required. 
(Replaced 2 of 1987 s. 6) IP/N/1/HKG/T/2 
Page 22 
Chapter: 
Section: 362 Title: 
30A Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Definitions 
PART IlIA Gazette Number: 
Version Date: 30106/1997 
PROCEEDINGS RELATING TO IMPORTATION OF INFRINGING GOODS 
In this Part-
"detention order" means an order made under section 30C(1); 
"forged trade mark" has the meaning assigned to it by section 9(3); 
"infringing goods" means goods-
Chapter: 
Section: 
Remarks: Ca) to which a forged trade mark has been applied; or 
(b) to which a trade mark or mark so nearly resembling a trade mark as to be calculated to 
deceive has been falsely applied. 
362 Title: 
30B Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Application for detention 
order (Added 11 of 1996 s. 17) 
Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) The proprietor of a trade mark may apply to the Court of First Instance for an order under 
section 30C(1) where he has reasonable ground for suspecting that the importation of goods that constitute 
infringing goods may take place. (Amended 25 of 1998 s. 2) 
(2) An application under subsection (1) may be made ex parte but with previous notice to the 
Commissioner. 
(3) An application under subsection (1) shall be in such form as is prescribed by rules of court and 
shall be supported by an affidavit of the proprietor which-
(a) states that the deponent is the proprietor of the trade mark in question; 
(b) states that a copy of the trade mark exhibited to the affidavit is a true copy of the trade 
mark; 
Cc) states the grounds for the application, including the facts relied upon by the deponent as 
showing that the goods in question are prima facie infringing goods; 
(d) sets out a sufficiently detailed description of the goods in question to make them readily 
recognizable by the Commissioner; 
(e) sets out particulars regarding the expected mode of transportation and the expected date of 
importation and, if available, particulars identifying the importer; and 
(t) sets out such other information and exhibits such other documents as may be prescribed by 
rules of court. 
(4) Where the trade mark in question is registered, the affidavit of the proprietor shall exhibit a 
certified copy of each entry in the register that relates to the trade mark or, where it is not practicable for the 
deponent to obtain such a certified copy, shall state the reasons why it is not practicable to do so. 
(5) No application may be made under subsection (1) with respect to goods in transit. 
(6) No application may be made under subsection (1) with respect to the importation by a person of 
goods for his private and domestic use. 
(Added 11 of 1996 s. 17) Chapter:· 362 Title: TRADE DEscrunloNs 
ORDINANCE 
Section: 30C Heading: Issuance of detention order 
Remarks: 
Amendments retroactively made -see 25 of 1998 s. 2 IP/N/1/HKG/T/2 
Page 23 
Gaze:tteNumber: 250f1998 SA 2 
Version Date: 0110711997 
(1) Where, on the hearing of an application made under section 30B, the proprietor presents 
adequate evidence to satisfy the Court of First Instance that the goods in question are prima facie infringing 
goods, the Court of First Instance may make an order directing the Commissioner or an authorized officer 
to take reasonable measures to seize or detain the goods on or after their importation. 
(2) The Court of First Instance may require the proprietor of the trade mark to provide security or an 
equivalent assurance in an amount sufficient to protect the importer and any other person having an interest 
in the goods to be detained, including the consignor and consignee, from any loss or damage that may be 
incurred in the event that the detention is wrongful or the goods are released to the importer under section 
30D(6). 
(3) A detention order may contain such terms and conditions as the Court of First Instance considers 
appropriate. 
(4) The Court of First Instance shall not make a detention order with respect to any goods that have 
been seized or detained by, and that are in the custody of, the Commissioner or an authorized officer 
pursuant to any law. 
(5) Where the Commissioner or an authorized officer seizes or detains any goods pursuant to any 
law, other than this Part, any detention order made with respect to those goods shall cease to have effect. 
(6) Where the Court of First Instance makes a detention order, the proprietor of the trade mark shall 
forthwith serve a copy of the order on the Commissioner. 
(7) A detention order has effect from the date on which it is made or such later date as may be 
specified by the Court of First Instance and shall cease to have effect 60 days from that date unless the 
Commissioner or an authorized officer has, pursuant to the order and within that period, seized or detained 
any goods to which the order applies. 
(Added 11 of 1996 s. 17. Amended 25 of 1998 s. 2) IP/N/1/HKG/T/2 
Page 24 
Chapter; 362 Thle: 
Se:ction~ Heading:; 
Remarks: TRADEoo.~CRJ?TlONS···· (JuzetteN\inl00r: 2$ ufl99S s • .2< 
ORO.tN&\tC£ 
Enforcellle~t ~rd:etentlon Version Date: 
order 01/fJ7Jf991 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where a detention order is served on the Commissioner, the Commissioner or an authorized 
officer may, subject to the terms and conditions of the order, seize or detain any goods to which the order 
applies. 
(2) The proprietor of the trade mark shall-
(a) supply to the Commissioner or an authorized officer sufficient information on the goods and 
the particular importation to render the goods recognizable and the shipment or particular 
importation identifiable and any other information the Commissioner or an authorized officer 
may reasonably require for the purpose of carrying out the detention order; 
(b) deposit with the Commissioner an amount that is, in the opinion of the Commissioner, 
sufficient to reimburse the Government for the costs likely to be incurred in connection with 
the carrying out of the detention order; and 
(c) upon notification in writing by the Commissioner or an authorized officer of the seizure or 
detention of the goods, provide such storage space and other facilities as he may require. 
(3) The Commissioner or an authorized officer may refuse to carry out the detention order if the 
proprietor of the trade mark fails to comply with subsection (2). 
(4) The Commissioner may, after giving written notice to the proprietor of the trade mark, apply to 
the Court of First Instance for directions in carrying out the detention order, and the Court of First Instance 
may, after giving the proprietor an opportunity to be heard, give such directions as it deems fit. (Amended 
25 of 1998 s. 2) 
(5) The Commissioner or an authorized officer shall forthwith after goods are seized or detained 
pursuant to a detention order, give written notice of the seizure or detention to­
(a) the proprietor of the trade mark; 
(b) the importer; and 
(c) any other person to whom notice is required to be given by the terms of the order. 
(6) Subject to subsection (7) and to any law authorizing the Commissioner or an authorized officer to 
seize or detain goods, the Commissioner or an authorized officer shall release any goods that have been 
seized or detained pursuant to a detention order to the importer if the proprietor of the trade mark has not, 
within a period of 10 days after notice of the seizure or detention is given to the proprietor, notified the 
Commissioner in writing that an action for infringement in respect of the goods has been brought under the 
Trade Marks Ordinance (Cap 43). 
(7) The Court of First Instance may, on application by the proprietor of the trade mark, after giving 
the Commissioner and each person to whom notice is required to be given under subsection (5) an 
opportunity to be heard, extend the period referred to in subsection (6) by a period not exceeding an 
additional 10 days if it is satisfied that the request for the extension is reasonable. (Amended 25 of 1998 s. 
2) 
(8) In proceedings under subsection (7), the Court of First Instance may require the proprietor of the 
trade mark to provide security or an equivalent assurance in addition to that provided in accordance with 
section 30C(2). (Amended 25 of 1998 s. 2) 
(9) Where the proprietor of the trade mark has, within the period referred to in subsection (6), as 
may be extended under subsection (7), notified the Commissioner in writing that an action for infringement 
in respect of the goods has been brought under the Trade Marks Ordinance (Cap 43), the Commissioner or 
an authorized officer shall retain custody of the goods subject to the direction of the Court of First Instance 
in the infringement proceedings. (Amended 25 of 1998 s. 2) 
(10) No public holiday, gale warning day or black rainstorm warning day shall be reckoned in the 
computation of the period referred to in subsection (6), as may be extended under subsection (7). 
( 11) In this section-IPIN/lIHKG/T/2 
Page 25 
"black rainstorm warning day" means any day throughout or for part of which a 
black rainstorm warning is in force, and "black rainstorm warning" means a 
warning issued by the Director of the Royal Observatory of a heavy rainstorm in, or in the vicinity of, 
Hong Kong by the use of the heavy rainstorm signal commonly referred to as Black; 
"gale warning day" means any day throughout or for part of which a gale warning is in 
force, and "gale warning" has the meaning assigned to it by section 2 of the Judicial 
Proceedings (Adjournment During Gale Warnings) Ordinance (Cap 62). 
Chapter: 362 Title: 
Section: 30E Heading: 
Remarks: (Added 11 of1996 s. 17) 
TRADE DESCRlPTIONS 
ORDINANCE Gazette Number: 25 of 1998s. 2 
Variation or setting aside of Version Date: 
detention order 0110711997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) The Commissioner or the proprietor of the trade mark may at any time apply to the Court of 
First Instance to vary the detention order. 
(2) The importer or any other person affected by the detention order may at any time apply to the 
Court of First Instance to vary or set aside the order. 
(3) A person who makes an application under subsection (1) or (2) shall give to the other parties 
such notice of the day fixed for the hearing of the application as a judge of the Court of First Instance may 
order. 
(4) On the hearing of an application under subsection (1) or (2) to vary a detention order, the Court 
of First Instance may vary the order in such manner as it thinks just. 
(5) On the hearing of an application under subsection (2) to set aside a detention order, the Court of 
First Instance may set aside the order on such terms and conditions as it thinks just. 
(6) For the purposes of subsection (3)-
(a) the parties to an application under subsection (1) are the Commissioner, the proprietor of the 
trade mark and, if the goods in question have been seized or detained pursuant to the 
detention order, the importer and any other person to whom notice is required to be given 
under section 300(5); and 
(b) the parties to an application under subsection (2) are the Commissioner, the proprietor of the 
trade mark, the applicant and the importer, if the importer is not the applicant. 
(Added 11 of 1996 s. 17. Amended 25 of 1998 s. 2) IP/N/lIHKG/T/2 
Page 26 
Chapter: 362 
Section: 30F 
Remarks: Title: 
Heading: TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 25 of 1998 s. 2 
Disclosure of information Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where goods are seized or detained pursuant to a detention order, the Commissioner may 
disclose to the proprietor of the trade mark-
(a) the names and addresses of the importer, the consignor and the consignee; 
(b) the nature and quantity of goods seized or detained pursuant to the order; 
(c) any statement made to the Commissioner or an authorized officer 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 the person is dead or cannot after reasonable 
enquiries by the Commissioner as to his whereabouts be found by the Commissioner; and 
(d) any other information or document relating to any goods seized or detained pursuant to the 
order which the Commissioner thinks fit to disclose. 
(2) Where the proprietor of the trade mark seeks disclosure of-
(a) any information or document that is not referred to in subsection (1); or 
(b) any information or document that is referred to in subsection (l) but which the 
Commissioner has not disclosed, 
he 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) 
(3) An application under subsection (2) may be begun by motion with previous notice to the 
Commissioner. 
Chapter: 362 Title: 
Section: 30G Heading: (Added 11 of 1996 s. 17) 
TRADE DESCRIPTIONS 
ORDINANCE Gazette Number: 
Inspection of goods, release Version Date: 
of samples, etc. 30106/1997 
(1) Where goods are seized or detained pursuant to a detention order, the Commissioner or an 
authorized officer shall-
(a) give the proprietor of the trade mark sufficient opportunity to inspect the goods for the 
purpose of substantiating his claim; and 
(b) give the importer an equivalent opportunity to inspect the goods for the purpose of refuting 
the proprietor's claim. 
(2) The Commissioner or an authorized officer may permit the proprietor of the trade mark or the 
importer to remove samples of the seized or detained goods if the proprietor or the importer, as the case 
may be, gives the Commissioner or authorized officer the requisite undertakings. 
(3) For the purposes of subsection (2), the requisite undertakings are undertakings in writing that the 
person giving the undertaking will-
(a) return the samples to the Commissioner or authorized officer at a specified time that is 
satisfactory to the Commissioner or authorized officer; and 
(b) take reasonable care to prevent damage to the samples. 
(4) If the Commissioner or an authorized officer permits the inspection of the seized or detained 
goods, or the removal of a sample, by the proprietor of a trade mark in accordance with this section, the 
Government is not liable to the importer for any loss or damage suffered by the importer arising out of-
(a) damage to any of the goods incurred during the inspection; or 
(b) anything done by the proprietor or any other person to, or in relation to, a sample removed 
by the proprietor or any use made by the proprietor of such sample. 
(Added 11 of 1996 s. 17) Chapter: 362 Title: 
Section: 30H Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Costs payable Gazette Number: 
Version Date: IPINIlIHKG/T/2 
Page 27 
30106/1997 
(1) The Commissioner may assess the costs incurred by the Government in connection with the 
carrying out of a detention order and may deduct those costs from the amount paid as a deposit by the 
proprietor of the trade mark under section 300(2). 
(2) Any costs assessed under subsection (1) shall be payable by the proprietor of the trade mark to 
the Government and recoverable as a civil debt. 
(Added 11 of 1996 s. 17) 
Chapter: 362 Title: TRADE DESCRIPTIONS Gazette Number: 
ORDINANCE 
Section: 301 Heading: Protection of Version Date: 30106/1997 
Commissioner and 
authorized officers 
(1) The Commissioner and authorized officers are not liable for any loss or damage suffered by any 
person as a result of any action taken or omitted to be taken in good faith in connection with the carrying 
out of a detention order. 
(2) The protection conferred by subsection (1) on the Commissioner and authorized officers in 
respect of any action taken or omitted to be taken in good faith in connection with the carrying out of a 
detention order shall not affect in any manner any liability of the Government for that action taken or 
omitted to be taken. 
Chapter: 362 
Section: 30J 
Remarks: Title: 
Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Compensation payable to 
importer, etc. (Added 11 of 1996 s. 17) 
Gazette Number: 25 of 1998 s. 2 
Version Date: 01/0711997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where goods are seized or detained pursuant to a detention order and the goods are released 
pursuant to section 300(6), the importer, the consignee or the owner of the goods may, within 6 months 
after the date on which the order is made, apply to the Court of First Instance for compensation for any loss 
or damage suffered by him by reason of the seizure or detention. 
(2) Where-
(a) goods are seized or detained pursuant to a detention order; 
(b) an action for infringement is brought under the Trade Marks Ordinance (Cap 43) in respect 
of the goods within the period referred to in section 300(6), as may be extended under 
section 300(7); and 
(c) the action is discontinued, the claim of infringement is withdrawn or the Court of First 
Instance in the infringement proceedings determines that the infringement is not proved, 
the importer, the consignee or the owner of the goods may, within 6 months after the date on which the 
action is discontinued, the claim is withdrawn or the Court of First Instance renders its determination, as the 
case may be, apply to the Court of First Instance for compensation for any loss or damage suffered by him 
by reason of the seizure or detention. 
CB On an application under subsection (1) or (2), the Court of First Instance may make such order 
for compensation as it deems fit. 
(Added 11 of 1996 s. 17. Amended 25 of 1998s. 2) IP/N/1/HKG/T/2 
Page 28 
Chapter: 362 Title: 
Section: 30K Heading: 
Remarks: TRADE DESCRIPTIONS 
ORDINANCE 
Rules Gazette Number: 25 of 1998 s. 2 
Version Date: 01107/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
The Chief Justice may make rules of court regulating and prescribing the procedure and the practice to 
be followed in the Court of First Instance under this Part, and any matters incidental to or relating to that 
procedure or practice, including rules prescribing any matter or thing that under this Part is to be or may be 
prescribed by rules of court. 
Chapter: 362 Title: 
Section: 31 Heading: (Added 11 of 1996 s. 17. Amended 25 of 1998 s. 2) 
TRADE DESCRIPTIONS 
ORDINANCE 
(Repealed) Gazette Number: 
Version Date: 30106/1997 
(Repealed 2 of 1987 s. 6) 
Chapter: 362 Title: 
Section: 32 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Trade marks containing 
trade descriptions 
PART IV 
MISCELLANEOUS Gazette Number: 
Version Date: 3010611997 
The fact that a trade description is a trade mark, or part of a trade mark, does not prevent it from 
being a false trade description when applied to any goods, except where the following conditions are 
satisfied, that is to say-
(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 connection between the goods and 
the proprietor of the trade mark or a person registered under section 58 of the Trade Marks 
Ordinance (Cap 43) 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. 
[cf. 1968 c. 29 s. 34 U.K.] Chapter: 362 Title: 
Section: 33 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Definition Orders Gazette Number: 
Version Date: IP/N/lIHKG/T/2 
Page 29 
3010611997 
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. 
Chapter: 362 Title: 
Section: 34 Heading: TRADE DESCRIPTIONS 
ORDINANCE 
Saving for civil rights [cf. 1968 c. 29 s. 7 U.K.] 
Gazette Number: 
Version Date: 30106/1997 
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. 
[cf. 1968 c. 29 s. 35 U.K.] IPIN/1/HKG/T/2 
Page 30 
35 Title:: 
Heading:; TRADE DESCRlPTIONS 
ORDlNA~CE 
Compmsaui)nft)tloss of Version Dare: 
goods ~ized undersectioll 
15(1)(i) 30/06/1997 
(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 ofthe goods under section 30(4). (Amended 2 of 1987 s. 
7) 
(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 ofthe 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. 
(3) No proceedings shall be maintainable in respect of any claim for compensation on any of the 
grounds referred to in subsection (1) unless the proceedings are commenced-
(a) in the case of a claim for compensation in respect of goods released to their owner by order 
of a court or magistrate or by any person having authority to release the goods to him, not 
later than 6 months after the release thereof; 
(b) in the case of a claim for compensation on the ground that any goods were lost during the 
detention thereof, not later than 6 months after-
(i) the discovery by the owner of the existence of such ground; or 
(ii) the date on which the owner could, by the exercise of reasonable diligence, have 
discovered the existence of such ground, 
whichever is the earlier. 
[cf. 1968 c. 29 s. 33 U.K.] 562 
Schedule: 1 
Number of carats 
8 
9 
12 
14 
15 
18 
22 Titi<!: 
Heading: TRADE DESCRrPT10NS 
ORDtNA'N'CE 
TABLE 
and so in proportion for any other number of carats. Version Date: IP/N/lIHKG/T/2 
Page 31 
30/0611997 
[section 3] 
Indicates gold of fineness of 
333 parts per thousand 
375 parts per thousand 
500 parts per thousand 
585 parts per thousand 
625 parts per thousand 
750 parts per thousand 
916.6 parts per thousand 