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

32. Trade marks containing trade descriptions
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 owner of the trade mark or a person licensed to use the trade mark; and (Replaced 35 of 2000 s. 98)
(c) that the person who is the proprietor or owner of the trade mark is the same person as, or a successor in title of, the proprietor or owner on the commencement of this Ordinance. (Amended 35 of 2000 s. 98)
[cf. 1968 c. 29 s. 34 U.K.]

33. Definition Orders
Where it appears to the Chief Executive in Council— (Amended 65 of 2000 s. 3)
(a) that it would be in the interest of persons to whom any goods or services are supplied; or
(b) that it would be in the interest of persons by whom any goods are exported, or of traders by whom any services are supplied to consumers who are outside Hong Kong, and would not be contrary to the interest of persons to whom such goods or services are supplied in Hong Kong,
that any expressions used in relation to the goods or services should be understood as having definite meanings, the Chief Executive in Council may by regulations assign such meanings either— (Amended 65 of 2000 s. 3)
(i) to those expressions when used in connection with the supply of goods in the course of a trade or business or the supply of services by a trader to a consumer as, or as part of, a trade description applied to the goods or services; 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.
(Amended 25 of 2012 s. 20)[cf. 1968 c. 29 s. 7 U.K.]

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

34. Saving for civil rights
A contract for the supply of any goods or service shall not be void or unenforceable by reason only of a contravention of any provision of this Ordinance.
(Amended 25 of 2012 s. 21)[cf. 1968 c. 29 s. 35 U.K.]

35. Compensation for loss of goods seized under section 15(1)(f)
(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 of the 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 of the 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.]

36. Actions for damages
(1) If—
(a) a person (the claimant

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

37. Amendment of Schedules 3 and 4
The Secretary may, by notice published in the Gazette, amend Schedule 3 or 4.
(Added 25 of 2012 s. 22)

### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

1. Citation
These regulations may be cited as the Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations.
(6 of 2008 s. 32)

2. Interpretation
In these regulations, unless the context otherwise requires—
notice of completion (竣工通知) means a notice given under regulation 5A, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; (12 of 2006 s. 84)
notice of payment (付款通知) means a notice given under regulation 5, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; (12 of 2006 s. 84)
notice of surcharge (附加費通知) means a notice of the surcharge referred to in regulation 6D(3); (12 of 2006 s. 84)
objector (反對者) means a person who makes an objection under regulation 12; (12 of 2006 s. 84)
quarry industry (石礦業) means the industry that is engaged in the operation of a quarry. (3 of 2004 s. 27)
(3 of 2004 s. 27)