GEORGE CROSS (RESTRICTION OF USE) ORDINANCE

GEORGE CROSS (RESTRICTION OF USE)

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.

The short title of this Ordinance is the George Cross

(Restriction of Use) Ordinance.

(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

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.

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.

GEORGE CROSS (RESTRICTION OF USE)

Proceedings under this Ordinance shall not be instituted

without the consent of the Attorney General.

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.