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Fraud in using
for trade
weighing or
measuring
equipment.
Possession of
Ord. No. 54/87
WEIGHTS AND MEASURES
12. If any fraud is committed in the using for trade of any weighing or measuring equipment, the person committing the fraud and any other person who is party thereto commits an offence.
13. (1) Subject to subsection (2) and section 15, any person who uses unauthorized or for trade or has in his possession for use for trade—
false weighing or measuring equipment for use for trade.
Prohibition
against manu- facture or supply for use for trade of
weighing or measuring
equipment.
Second
Schedule.
Third Schedule.
Non-
application of
certain
provisions.
Goods to be supplied by net weight or measure.
(a) any weighing or measuring equipment which is constructed or adapted to indicate any unit of measurement other than an autho- rized unit;
(b) any weighing or measuring equipment which is false or defective,
commits an offence.
(2) Without prejudice to liability to forfeiture under section 28, it shall be a defence for any person charged with an offence under subsecton (1)(b) in respect of the use for trade of any weighing or measuring equipment to show that-
(a) he used the equipment only in the course of his employment by
some other person; and
(b) he did not know and could not reasonably have been expected to
know that the equipment was false or defective.
14. Subject to section 15, any person who manufactures or supplies for use for trade any weighing or measuring equipment which-
(a) is false or defective; or
(b) does not comply with the Second Schedule or the Third
Schedule,
commits an offence.
15. Sections 11, 13(1)(a) and 14(b) shall not apply to any goods or weighing or measuring equipment intended for export or re-export to any place outside Hong Kong where a system of units of measurement other than that prescribed by this Ordinance is used.
PART IV
REGULATION Of Trade TranSACTIONS
16. (1) Except where otherwise provided under this Ordinance, no person shall in the course of trade supply any goods by weight or measure otherwise than by net weight or measure.
(2) No person shall in the course of trade supply any pre-packed goods by weight or measure unless the net weight or measure of the goods in an authorized unit is legibly marked upon the outside of the container, or upon a label firmly attached thereto; but this subsection shall not apply to goods-
WEIGHTS AND MEASURES
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(a) which are supplied by any sack, bag or other type of container in
respect of which a weight in an authorized unit is prescribed; or
(b) which are exempt from this subsection by regulations made under
this Ordinance.
(3) Any person who contravenes subsection (1) or (2) commits an
offence.
17. (1) Subject to subsections (2) and (3), a person who in the course Weighing or of trade weighs or measures goods for sale shall, if he weighs or measures the measuring of goods in the presence of the purchaser, give the purchaser a clear and unres-
goods sold. tricted view of
(a) all the operations connected with the weighing or measuring of the
goods;
(b) the weighing or measuring equipment used for ascertaining the
weight or measure of the goods; and
(c) the weight or measure indicated by the weighing or measuring equipment used for ascertaining the weight or measure of the goods.
(2) A person who in the course of trade sells by weight or measure goods which are pre-packed by him shall, if the purchaser is present and so requests, weigh or measure the goods in accordance with subsection (1).
(3) Where a person in the course of trade sells goods, other than pre-packed goods, by weight or measure and the goods are not weighed or measured in the presence of the purchaser, the seller shall deliver with the goods or send forthwith to the purchaser a delivery note or invoice showing the net weight or measure of the goods.
(4) Any person who contravenes any provision of this section commits an offence.
18. (1) No person who supplies goods in the course of trade shall False make any statement, whether orally or in writing or otherwise, which he statements as to knows to be false or misleading as to a material particular regarding the quantity of
goods supplied. quantity of the goods supplied.
(2) Any person who contravenes this section commits an offence.
19. (1) No person shall in the course of trade supply, or cause to be Short weight or supplied, to another person any goods by weight, measure or number short measure, etc. of the quantity purporting to be supplied or less than that which corres- ponds to the price charged for those goods.
(2) Any person who contravenes this section commits an offence.
20. (1) Subject to this section, in any proceedings for an offence under section 19 relating to pre-packed goods, it shall be a defence for the person charged to prove-
(a) that he purchased the goods from some other person—
(i) as being of the quantity which the person charged purported to supply, or which was stated in any invoice or similar document relating to the purchase of the pre-packed goods; or
Reliance on warranty as
defence to charge under section 19.