Section 8: Use of Red Cross and other emblems

8. Use of Red Cross and other emblems (1) Subject to this section, no person shall, without the consent of the Minister, use or display for any purpose any of the following emblems or designations— (a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”; (b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent”; (c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun”; (d) the emblem of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem; (e) the sign of an equilateral blue triangle on, and completely surrounded by, an orange ground, being the international distinctive sign of civil defence; (f) any of the distinctive signals specified in Chapter III of Annex I to Protocol I, being the signals of identification foe medical units and transports; [Issue 1] G8 – 6 (g) the sign consisting of a group of 3 bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, being the international special sign for works and installations containing dangerous forces; (h) any design, wording or signal so nearly resembling any of the emblems, designations, signs or signals specified in paragraphs (a) to (g) as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems, designations, signs or signals; (i) such other flags, emblems, designations, signs, signals, designs, wordings, identity cards, information cards, insignia or uniforms as are prescribed for the purpose of giving effect to the Conventions or Protocols. (1A) The Minister, in exercising his discretion to consent to the use or display of any emblem, sign, signal, design, wording, identity card, identification card, insignia or uniform referred to in subsection (1)— (a) shall consider whether such use or display is for the purpose of giving effect to the provisions of the Conventions or Protocols; and; (b) may refuse or withdraw his consent as he thinks fit. (2) Any person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and the Court may order the forfeiture to the State of any goods or other article upon, or in connection with, which an emblem, a designation, a sign, a signal, a design or a wording was used by that person, or of any identity card, identification card, insignia or uniform used in the commission of the offence. (3) Where a trade mark is registered before 24 December 1970, subsections (1) and (2) shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in subsection (1) (b) or (c). (4) Where a person is charged with using a design or wording to which subsection (3) applies for any purpo used by that person, or of any identity card, identification card, insignia or uniform used in the commission of the offence. (3) Where a trade mark is registered before 24 December 1970, subsections (1) and (2) shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in subsection (1) (b) or (c). (4) Where a person is charged with using a design or wording to which subsection (3) applies for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark registered under subsection (3), it shall be a defence for him to prove— (a) that he lawfully used that design or wording for that purpose before 24 December 1970; or (b) in a case where he is charged with using the design or wording upon goods, that the design or wording has been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before 24 December 1970. (5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, G8 – 7 [Issue 1] shall commit the offence and shall be liable to be proceeded against and punished accordingly. (6) This section extends to the use in or outside Mauritius of an emblem, designation, design, or wording referred to in subsection (1) on any ship or aircraft registered in Mauritius. (7) No proceedings for an offence under this section shall be instituted without the consent of the Director of Public Prosecutions. [S. 8 amended by s. 7 of Act 2 of 2003 w.e.f. 17 May 2003.]