### Trade Descriptions Ordinance 《商品說明條例》

30. Forfeiture and disposal of certain goods
(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 Government; (Amended 65 of 2000 s. 3)
(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)

30A. Interpretation
In this Part, detention order (扣留令) means an order made under section 30C(1).
(Replaced 35 of 2000 s. 98)

### Trade Descriptions Ordinance 《商品說明條例》

30B. Application for detention order
(1) The owner 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; 35 of 2000 s. 98)
(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 owner which— (Amended 35 of 2000 s. 98)
(a) states that the deponent is the owner of the trade mark in question; (Amended 35 of 2000 s. 98)
(b) states that a copy of the trade mark exhibited to the affidavit is a true copy of the trade mark;
(c) 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
(f) 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 owner 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. (Amended 35 of 2000 s. 98)
(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.

### Trade Descriptions Ordinance 《商品說明條例》

30C. Issuance of detention order
(1) Where, on the hearing of an application made under section 30B, the owner 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. (Amended 35 of 2000 s. 98)
(2) The Court of First Instance may require the owner 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). (Amended 35 of 2000 s. 98)
(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 owner of the trade mark shall forthwith serve a copy of the order on the Commissioner. (Amended 35 of 2000 s. 98)
(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.
(Amended 25 of 1998 s. 2)