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

30E. Variation or setting aside of detention order
(1) The Commissioner or the owner of the trade mark may at any time apply to the Court of First Instance to vary the detention order. (Amended 35 of 2000 s. 98)
(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 owner 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 30D(5); and
(b) the parties to an application under subsection (2) are the Commissioner, the owner of the trade mark, the applicant and the importer, if the importer is not the applicant. (Amended 35 of 2000 s. 98)
(Amended 25 of 1998 s. 2)

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

30F. Disclosure of information
(1) Where goods are seized or detained pursuant to a detention order, the Commissioner may disclose to the owner of the trade mark— (Amended 35 of 2000 s. 98)
(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 owner of the trade mark seeks disclosure of— (Amended 35 of 2000 s. 98)
(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 (1) 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.

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

30G. Inspection of goods, release of samples, etc.
(1) Where goods are seized or detained pursuant to a detention order, the Commissioner or an authorized officer shall—
(a) give the owner 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 owner’s claim.
(2) The Commissioner or an authorized officer may permit the owner of the trade mark or the importer to remove samples of the seized or detained goods if the owner 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 owner 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— (Amended 35 of 2000 s. 98)
(a) damage to any of the goods incurred during the inspection; or
(b) anything done by the owner or any other person to, or in relation to, a sample removed by the owner or any use made by the owner of such sample.
(Amended 35 of 2000 s. 98)

30H. Costs payable
(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 owner of the trade mark under section 30D(2).
(2) Any costs assessed under subsection (1) shall be payable by the owner of the trade mark to the Government and recoverable as a civil debt.
(Amended 35 of 2000 s. 98)

30I. Protection of 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.

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

30J. Compensation payable to importer, etc.
(1) Where goods are seized or detained pursuant to a detention order and the goods are released pursuant to section 30D(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. 559) in respect of the goods within the period referred to in section 30D(6), as may be extended under section 30D(7); and (Amended 35 of 2000 s. 98)
(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.
(3) On an application under subsection (1) or (2), the Court of First Instance may make such order for compensation as it deems fit.
(Amended 25 of 1998 s. 2)

30K. Rules
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.
(Amended 25 of 1998 s. 2)