Chapter 115

GEORGE CROSS (RESTRICTION OF USE) [CAP. 115. 1 CHAPTER 115 GEORGE CROSS (RESTRICTION OF USE) ORDINANCE To regulate the use of the emblem of the George Cross. (25th August, 1943)* ORDINANCE XVI of 1943 as amended by Legal Notices: 4 of 1963, 46 of 1965; Acts: LVIII of 1974, XI of 1977, XIII of 1983 and VIII of 1990; and Legal Notice 409 of 2007. 1. The short title of this Ordinance is the George Cross (Restriction of Use) Ordinance. Short title. 2. (1) As from the commencement of this Ordinance it shall not be lawful for any person to use or to continue to use for the purposes of his trade or business, or for any other purpose whatsoever, without the authority of the Prime Minister, the emblem of the George Cross or any colourable imitation thereof or the words "George Cross" whether alone or in combination with any other word or words, and, if any person acts in contravention of this provision, he shall be guilty of an offence against this Ordinance, and shall be liable on conviction by the Court of Magistrates to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) nor more than four hundred and sixty-five euro and eighty-seven cents (465.87), and to forfeit any goods upon or in connection with which the emblem or words was or were used: Prohibition of use of emblem of George Cross, etc. Amended by: L.N. 4 of 1963; L.N. 46 of 1965; LVIII. 1974. 68; XIII. 1983.5; VIII. 1990.3; L.N. 409 of 2007. Provided that where such emblem or words is or are already being used on the date of assent and an application in writing is made to the President of Malta, within one month of the date of commencement of this Ordinance, for permission to continue to use the same, it shall be deemed that the person concerned has a provisional authority to use such emblem or words, as the case may be, until the President of Malta’s decision on the application is made known to that person. (2) The Prime Minister may, at any time, in his absolute discretion, vary or revoke an authority previously given by him under subsection (1) of this section. 3. Where a company or society is guilty of a contravention against section 2, every director, manager, secretary and other officer of the company or society who is knowingly a party to the contravention shall be guilty of an offence against this Ordinance and liable to the like penalty. *See Government Notice No 410 of 3lst August 1943. Where offence is committed by company or society. 2 CAP. 115.] GEORGE CROSS (RESTRICTION OF USE) Consent of Attorney General for prosecutions under this Ordinance. Amended by: L.N. 46 of 1965; LVIII. 1974.68. 4. Proceedings under this Ordinance shall not be instituted without the consent of the Attorney General. Prohibition of registration of trade-marks containing emblem. Amended by: L.N. 4 of 1963; XI. 1977.2. Cap. 29. 5. For the purposes of section 93 of the Industrial Property (Protection) Ordinance, the Comptroller shall not register any trade-mark containing the said emblem or words without the special authority of the Prime Minister whose decision shall be final.