time he gave it was resident outside Hong Kong,
that the person charged had taken reasonable
steps to check the accuracy of that statement;
and
(d)
that he took all reasonable steps to ensure that,
while in his possession, the quantity of the
goods remained unchanged.
(2)
A warranty shall be a defence in any proceedings
referred to in subsection (1) if, but only if, not later
than 3 days before the date of hearing of the proceedings,
the person charged sends to the person who instituted the
proceedings a copy of the warranty with a notice stating
that he intends to rely on it and specifying the name and
address of the person by whom the warranty was given, and
also sends a like notice to that person.
(3)
Where a person charged with an offence referred
to in subsection (1) is a servant of a person who, if he
had been charged, would have been entitled to rely on a
warranty as a defence under this section, subsection (1)
shall have effect as if any reference (however expressed)
in paragraphs (a) to (d) thereof to the person charged
were a reference to his employer.
(4)
Where in any proceedings referred to in
subsection (1) the person charged is acquitted because of a