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Ord. No. 54/87
Objections to
decisions of
Commissioner.
Obstruction,
etc.
WEIGHTS AND MEASURES
(3) Where any weighing or measuring equipment or goods detained under this Ordinance have not been released under subsection (2), the Commissioner may, whether in the same proceedings where an offence is prosecuted or in other proceedings under this Ordinance relating to that equipment or goods, apply to a magistrate for the forfeiture of the equipment or goods.
(4) If, on the hearing of an application under subsection (3), the magistrate is satisfied that the weighing or measuring equipment or goods are liable to forfeiture, the magistrate may order that the equipment or goods-
(a) be forfeited;
(b) be destroyed; or
(c) be delivered to the owner thereof or his authorized agent subject to any such condition as the magistrate may specify in the order.
(5) Where under subsection (3) an application is made to a magistrate for the forfeiture of weighing or measuring equipment or goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the equipment or goods or his authorized agent, unless the owner or his authorized agent has indicated in writing to the Commissioner that such notification is not required; but if there is more than one owner of the equipment or goods, it shall be sufficient for the purposes of this subsection to give notice to one such owner or his authorized agent, unless one such owner or his authorized agent has indicated that such notification is not required.
PART VII
MISCELLANEOUS
29. (1) Any person aggrieved by a decision of the Commissioner or an authorized officer which is taken in the exercise or performance of any function under this Ordinance may, within 14 days from the date when the decision became known to him or within such further period as the Governor may allow in any particular case, by notice in writing lodge an objection to the decision with the Governor.
(2) On consideration of an objection lodged in accordance with subsection (1), the Governor may confirm, vary or reverse the decision or substitute therefor such other decision or make such other order as he may think fit, and such decision or order of the Governor shall be notified to the person who lodged the objection.
(3) This section shall not apply in relation to the exercise or perfor- mance of any function by the Commissioner or an authorized officer under this Ordinance in compliance with an order or other decision of a court or magistrate.
30. (1) Any person who-
(a) obstructs the Commissioner or an authorized officer in the exercise
or performance of any function under this Ordinance;
WEIGHTS AND MEASURES
Ord. No. 54/87
A387
(b) without reasonable excuse fails to comply with any requirement, direction or demand given or made by the Commissioner or an authorized officer in the exercise or performance of any such func- tion; or
(c) without reasonable excuse fails to supply information which an authorized officer may reasonably require of him under section 24(2)(d),
commits an offence and is liable to a fine of $20,000 and to imprisonment for 6 months.
(2) Any person who--
(a) knowingly makes a false report, or
(b) furnishes any false or misleading information,
to the Commissioner or an authorized officer performing any function under this Ordinance commits an offence and is liable to a fine of $20,000 and to imprisonment for 6 months.
31. (1) Subject to subsection (3), the Commissioner or an authorized officer shall not disclose to any person, other than another public officer in the course of official duty, the name or identity of any person who has made a complaint--
(a) alleging a contravention of this Ordinance; or
(b) as a result of which a contravention of this Ordinance has come to
his notice or to the notice of any other authorized officer,
without the consent of the person who made the complaint.
(2) Subject to subsection (3), where, arising out of, or in connexion with, the enforcement of this Ordinance, any manufacturing or commercial secret, or any working process, comes to the knowledge of the Commissioner or an authorized officer, the Commissioner or authorized officer shall not at any time, even when he is no longer a public officer or an authorized officer, disclose such secret or process to any person.
(3) Where in any proceedings a magistrate considers that justice so re- quires, the magistrate may order the disclosure of—
(a) the name or identity of any person who has made any complaint
referred to in subsection (1); or
(b) any secret or process referred to in subsection (2).
(4) Any person who contravenes subsection (1) or (2) commits an offence.
Restriction on disclosure of source of complaint, etc.
32. (1) Any person who commits an offence under section 12 is liable Penalties.
to a fine of $20,000 and to imprisonment for 6 months.
(2) Any person who commits an offence under section 9, 13(1), 18 or
21 is liable to a fine of $20,000.
(3) Any person who commits an offence under section 19 or 31 is liable to a fine of $10,000.
(4) Any person who commits an offence under section 11, 14, 16, 17 or 23(1) is liable to a fine of $5,000.