### Trade Marks Ordinance 《商標條例》

96D. Warrant to enter and search etc.
(1) Subject to subsection (5), an enforcement officer may only enter and search any place under the authority of a warrant issued under subsection (2).
(2) A magistrate may issue a warrant authorizing an enforcement officer to enter and search any place if the magistrate is satisfied by information on oath that there is reasonable ground for suspecting that any specified evidence is in the place.
(3) If a warrant has been issued under subsection (2), an enforcement officer must produce the warrant when exercising a power under this section.
(4) A warrant issued under subsection (2) authorizes the enforcement officer to—
(a) forcibly enter and search the place;
(b) inspect, examine, search, seize, remove and detain anything in the place that appears to the officer to be specified evidence; and
(c) detain any person found in the place until the place has been searched.
(5) The Commissioner may authorize an enforcement officer to exercise the power under subsection (1) without a warrant if—
(a) there is reasonable ground for suspecting that any specified evidence is in the place; and
(b) either—
(i) the delay necessary to obtain a warrant is likely to result in the loss or destruction of evidence; or
(ii) for any other reason it would not be reasonably practicable to obtain a warrant.

96E. Power to arrest etc.
(1) If an enforcement officer reasonably suspects that a person has committed an offence under this Ordinance, the officer may stop, search, arrest and detain the person without a warrant.
(2) If any person resists or attempts to evade the search, arrest or detention, an enforcement officer may use any force that is reasonably necessary to effect the search, arrest or detention.
(3) An enforcement officer who arrests a person may—
(a) search the person and the vicinity of the arrest for anything that the officer reasonably suspects is of value (whether by itself or together with anything else) to the investigation of the offence; and
(b) search and take possession of the thing.

### Trade Marks Ordinance 《商標條例》

96F. Offences relating to investigation etc.
(1) A person commits an offence if the person—
(a) in purported compliance with a requirement under section 96C(1)(e), provides any information or document that is false or misleading in a material particular; and
(b) knows that, or is reckless as to whether, the information or document is false or misleading in a material particular.
(2) A person commits an offence if the person—
(a) wilfully obstructs the enforcement officer in the exercise of the officer’s powers or in the performance of the officer’s duties under this Part; or
(b) fails to comply with a requirement under section 96C(1)(e) or (f).
(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(4) It is a defence for a person charged with an offence under subsection (2)(b) if the person establishes that at the time of the alleged offence, the person had a reasonable excuse for failing to provide the information or document, or to give the assistance (as the case may be).
(5) A person charged with an offence under this Part is taken to have established a matter that needs to be established for a defence under this Part if—
(a) there is sufficient evidence to raise an issue with respect to that matter; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

96G. General provision on disposal of things
(1) The Commissioner may, subject to any conditions the Commissioner considers appropriate and specifies in writing, release a forfeitable item or any other thing seized, removed or detained under this Part to a specified recipient.
(2) Alternatively, the Commissioner may make a forfeiture application in relation to a forfeitable item.
(3) On hearing a forfeiture application and being satisfied of compliance with section 96I(1), the court may order that the forfeitable item—
(a) be forfeited to the Government;
(b) be destroyed; or
(c) subject to any condition that the court specifies in the order—
(i) be released to its owner, one of its owners or an owner’s authorized agent; or
(ii) be dealt with in any other way.
(4) A forfeitable item is liable to forfeiture, destruction or other disposal, whether or not any person has been charged for the offence concerned.

### Trade Marks Ordinance 《商標條例》

96H. Provision on perishable things
(1) Without limiting section 96G, this section applies if the Commissioner is of the opinion that a forfeitable item is, by its nature—
(a) perishable;
(b) difficult to store; or
(c) likely to deteriorate before the conclusion of any proceedings relating to it.
(2) The Commissioner may release the forfeitable item to a specified recipient if the recipient pays the Commissioner by way of security an amount not less than the value of the item as assessed by the Commissioner or an enforcement officer.
(3) Alternatively, the Commissioner may—
(a) if the Commissioner considers the forfeitable item is perishable, order that it—
(i) be sold and the sale proceeds be retained by the Commissioner; or
(ii) be destroyed; or
(b) if the Commissioner considers the forfeitable item is difficult to store or likely to deteriorate before the conclusion of any proceedings relating to it—make a sale application.
(4) On hearing a sale application and being satisfied of compliance with section 96I(1), the court may order that the forfeitable item be sold and the sale proceeds be retained by the Commissioner.
(5) Also, the Commissioner may make a proceeds application.
(6) On hearing a proceeds application, the court may—
(a) order the payment made to the Commissioner under subsection (2) to be—
(i) forfeited to the Government; or
(ii) paid to the person giving the security or the person entitled to claim the payment or the forfeitable item; and
(b) order the sale proceeds retained by the Commissioner under subsection (3)(a)(i) or by order under subsection (4) to be—
(i) forfeited to the Government; or
(ii) paid to the person entitled to claim the proceeds or the forfeitable item.

96I. Notification requirement for certain intended applications
(1) The Commissioner must notify the owner of a forfeitable item or the owner’s authorized agent that the Commissioner intends to make a forfeiture application or sale application if—
(a) the application is to be made otherwise than in any proceedings for an offence under this Ordinance; and
(b) the owner of the item can be found.
(2) If there is more than one owner of the forfeitable item, it is sufficient to give notice to one of the owners or an owner’s authorized agent.

96J. International co-operation
The Commissioner may, for the purpose of promoting international co-operation in the protection of intellectual property rights, disclose any information obtained under this Part to any authority that is responsible for the enforcement of those rights in—
(a) a Paris Convention country;
(b) a WTO member; or
(c) any other country, territory or area as the Commissioner considers appropriate.

96K. Delegation
The Commissioner may, in writing, delegate to a public officer any of his or her functions or powers under this Part.