### Registered Designs Ordinance 《註冊外觀設計條例》

70. Right to information
(1) After the registration of a design and upon the filing of a written request by any person in the prescribed manner, the Registrar shall give the person making the request such information, and permit him to inspect such documents, relating to the application for registration or the design concerned (including any representation, sample or specimen of the design) as may be specified in the request, subject, however, to any prescribed conditions.
(2) Subject to this section, until notice of registration of a design is published under section 25, information or documents constituting or relating to the application shall not, without the consent of the owner or the applicant (as the case may be), be published or communicated to any person by the Registrar.
(3) Subsection (2) shall not prevent the Registrar from publishing or communicating to others any prescribed information relating to an application for registration of a design.
(4) Where a person is notified that an application for registration of a design has been made and that the applicant will, if the design is registered, bring proceedings against that person in the event of his doing an act specified in the notification, that person may make a request under subsection (1), notwithstanding that the design has not been registered, and that subsection shall apply accordingly.

71. Hours of business and business days
(1) The Registrar may by notice published in the official journal give directions specifying the hours of business of the Registry for the purpose of the transaction of business under this Ordinance and the days that are business days for that purpose. (Amended 2 of 2001 s. 26)
(2) Business done on any day after the specified hours of business, or on a day which is not a business day, shall be deemed to have been done on the next business day; and where the time for doing anything under this Ordinance expires on a day which is not a business day, that time shall be extended to the next business day.
(3) Directions made under this section may make different provision for different classes of business.
(Amended 2 of 2001 s. 23)

72. Language of proceedings before Registrar
Except as otherwise provided in the rules, and notwithstanding section 5 of the Official Languages Ordinance (Cap. 5), the official language in which an application for registration of a design is filed shall be used as the language of proceedings in all proceedings before the Registrar under this Ordinance.

73. Exercise of Registrar’s discretionary powers
Without prejudice to any rule of law, the Registrar shall give any party to a proceeding before him an opportunity of being heard before exercising adversely to that party any discretion vested in the Registrar by this Ordinance or the rules.

### Registered Designs Ordinance 《註冊外觀設計條例》

74. Immunity of Registrar as regards official acts
Neither the Registrar nor any public officer—
(a) shall be taken to warrant the validity of the registration of any design registered under this Ordinance; or
(b) shall incur any liability by reason of, or in connection with, any examination required or authorized by this Ordinance, or any report or other proceedings consequent on any such examination or investigation.

75. Recognition of agents
(1) Subject to this section, where under this Ordinance any act has to be done by or to any person in connection with a registered design or any procedure relating to a registered design or the registration of a design, the act may be done by or to an agent of such person duly authorized by that person orally or in writing.
(2) A person duly authorized by another person under subsection (1) to act as his agent may (subject to any provision to the contrary in any agreement between the agent and that person) on giving notice to the Registrar and the other person, cease to act as agent for the other person.
(3) The Registrar may refuse to recognize as agent in respect of any business under this Ordinance any person specified for the purpose in the rules.
(4) The Registrar shall refuse to recognize as an agent a person who neither resides nor has a place of business in Hong Kong.

76. Correction of errors in filed documents
(1) Subject to the rules, the Registrar may upon request by any person interested correct any error of translation or transcription, any clerical error or any mistake made in—
(a) any application for registration of a design or document filed in connection with such an application;
(b) any representation of a design; or
(c) any document filed in connection with a registered design.
(2) Any person may in accordance with the rules give the Registrar notice of opposition to the request and the Registrar shall determine the matter.

### Registered Designs Ordinance 《註冊外觀設計條例》

77. Designs relevant for defence purposes
(1) Where, either before or after the commencement* of this Ordinance, an application for registration of a design has been made and it appears to the Registrar that the design is one of a class notified to him by the Central People’s Government as relevant for defence purposes, the Registrar may give directions for prohibiting or restricting the publication of information with respect to the design, or the communication of such information to any person or class of persons specified in the directions. (Amended 2 of 2012 s. 3)
(2) Rules may be made for securing that where such directions are given—
(a) the representation of the design; and
(b) any evidence filed in support of the applicant’s application for registration that the design is registrable,
shall not be open to public inspection in the Registry during the continuance in force of the directions.
(3) Where the Registrar gives such directions, he shall give notice of the application of the directions to the Central People’s Government, and thereupon the following provisions shall have effect— (Amended 2 of 2012 s. 3)
(a) the Central People’s Government shall consider whether the publication of the design would be prejudicial to the defence of the People’s Republic of China;
(b) the Central People’s Government may at any time after the design has been registered or, with the consent of the applicant, at any time before the design has been registered, inspect the representation of the design, or any such evidence as to its registrability;
(c) if upon the consideration of the design at any time it appears to the Central People’s Government that the publication of the design would not, or would no longer, be prejudicial to the defence of the People’s Republic of China, notice may be given to the Registrar to that effect; and
(d) on the receipt of any such notice the Registrar shall revoke the directions and may, subject to such conditions, if any, as he thinks fit, extend the time for doing anything required or authorized to be done by or under this Ordinance in connection with the application for registration, whether or not that time has previously expired. (Amended 2 of 2012 s. 3)
(4) (Repealed 2 of 2012 s. 3) Editorial Note:
* Commencement date: 27 June 1997.

78. Forfeited articles
Nothing in this Ordinance affects the right of the Government or any person deriving title directly or indirectly from the Government to dispose of or use articles forfeited under the law relating to customs or excise.