b
442
Inspection
THE HONG KONG GOVERNMENT GAZETTE, MAY 28, 1937.
stated therein but either party may require the person by whom the analysis was made to be called as a witness.
24. (1) The registrar may in writing authorise any and enforce public officer to be an inspector for the purposes of this
Ordinance.
ment of
Ordinance.
23 & 24
Geo. 5,
c. 25, s. 25.
Forfeiture.
Amendment of Ordin- ance No. 2
of 1917, Second Schedule.
(2) An inspector authorised under this section shall, for the purpose of enforcing the provisions of this Ordinance and of any regulations made thereunder, have power--
(a) at all reasonable times to enter
(i) any premises which are on the register of premises;
and
(ii) any premises on which any person whose name is entered in the registrar's list carries on business; and
(iii) any premises licensed under paragraph (g) of section 3 (1);
(b) at any time to enter any premises in which he has reasonable cause to suspect that a breach of the law has been committed in relation to any poison included in the Poisons List;
(c) to make such examination and inquiry and to do such other things, including the taking, on payment therefor, of samples, as may be necessary for the purposes of the inspection;
(d) to seize and detain any substance or article consisting of or containing any poison which he has reasonable cause to suspect is liable to forfeiture under this Ordinance.
(3) If a person wilfully delays or obstructs an inspector in the exercise of any powers under this section, or refuses to allow any sample to be taken in accordance with the provisions of this section, or fails without reasonable excuse to give any information which he is duly required under this section to give, he shall in respect of each offence be liable on summary conviction to a fine not exceeding fifty dollars.
(4) Without prejudice to the generality of the foregoing provisions, it shall be the duty of every person who appears to be conducting in any premises any business which comprises the retail sale of drugs to state, on being required so to do by an inspector authorised under this section, who the owner of the business is, and if any person fails without reasonable excuse to comply with the provisions of this sub-section he shall be liable on summary conviction, in respect of each offence, to a fine not exceeding fifty dollars.
(5) Nothing in this section shall authorise any inspector authorised thereunder to enter or inspect the premises, not being a shop, of a registered medical practitioner, a re- gistered dental surgeon or a duly qualified veterinary surgeon.
25. Any magistrate may order to be forfeited to the Crown any substance or article consisting of or containing any poison with respect to which any offence under this Ordinance has been committed, whether any person has been convicted of such offence or not, and upon the making of any such order of forfeiture such substance or article shall be deemed to be the property of the Crown free from all rights of any person.
26. The Revenue Officers Power of Arrest Ordinance, 1917, is amended by the deletion, in the Second Schedule thereto, of the words and figures: "9 of 1916--Pharmacy and Poisons Ordinance, 1916”.