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Chapter: | 362
 | Title: | Trade Descriptions Ordinance | Gazette Number: | E.R. 2 of 2012 |
| Section: | 30D | Heading: | Enforcement of detention order | Version Date: | 02/08/2012 |
(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 owner of the trade mark shall- (Amended 35 of 2000 s. 98)
- (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.
(4) The Commissioner may, after giving written notice to the owner 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 owner 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 owner 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.
(7) The Court of First Instance may, on application by the owner 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 owner 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 owner 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 559), 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-
black rainstorm warning day(黑色暴雨警告日) means any day throughout or for part of which a black rainstorm warning is in force, and black rainstorm warning(黑色暴雨警告) means a warning issued by the Director of the Hong Kong 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; (Amended L.N. 362 of 1997)
gale warning day(烈風警告日) means any day throughout or for part of which a gale warning is in force, and gale warning(烈風警告) has the meaning assigned to it by section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap 62).
(Added 11 of 1996 s. 17. Amended 35 of 2000 s. 98)