1842
THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 28. 1941.
Sale and possession of unwhole- some food.
Appeal to Governor in Council against
decision of
any person entrusted
with power
under these rules.
>>
Shop includes every place where any article is sold ordinarily from time to time.
3. No person shall sell or expose for sale, or bring into the New Territories or into any market, or have in his possession without reasonable excuse, any food for man in a tainted, diseased or unwholesome state, or which is unfit for food for man.
4. (1) Any Health Officer or Food Officer may at all. reasonable times enter into and inspect any place where he has reason to believe there is any food for man intended for sale, or where he has reason to believe there is any food for man in a tainted, diseased or unwholesome state, or which is unfit for food for man.
(2) Any Health Officer or Food Officer may mark, seal or otherwise secure, weigh, count or measure any food, the sale, preparation or manufacture of which is, or appears to be, contrary to the provisions of these rules.
(3) Any Heahh Officer or Food Officer or police officer may inspect any food for man which he may find in any highway, street, road, pier, wharf, waterway, railway or vessel which he has reason to believe to be in a tainted, diseased or unwholesome state, or unfit for food for man.
(4) Any such officer may seize any food which is, or appears to be, held in contravention of rule 3: and, if authorized so to do in writing by the Director of Medical Services, may destroy it er so dispose of it as to prevent it from being used as food for man.
(5) Any person claiming anything seized under rule (4) may, within twenty-four hours after such seizure, complain to a magistrate, who may either confirm or disallow such seizure wholly or in part, and may order to be paid by way of compensation such sum of money not exceeding the market value of the food seized as he may consider reasonable.
5. Any licence issued under any of these rules shall be fiable to cancellation or suspension by the Proper Authority on the breach of any rule to which the holder of such licence is subject or on breach of any condition of the licence.
6. In the absence of an officer of police it shall be lawful for any Health Officer or Food Officer in whose presence an offence against any of these rules has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by complaint and summons.
7. A right of appeal from any decision of any person entrusted with discretionary power under these rules shall, unless proceedings have already been taken before a magis- trate in relation thereto, be to the Governor in Council. Such appeal shall be by means of a written petition and shall be presented within fourteen days from the date the exercise of the power is brought to the notice of the person con- cerned. The decision of the Governor in Council shall be
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