420
THE HONG KONG GOVERNMENT GAZETTE, MAY 5, 1939.
Extension of
section
19 (2) to
sale etc.
and relaxa-
(2) The said provisions, except the provisions of Regula- tion 19 and of paragraph (c) (iv) of section 19 (1) of the Ordinance as modified by Regulation 20, shall not apply to the sale or supply of any of the poisons included in the Sixth List to these Regulations to a person who-
(a) carries on a business in the course of which poisons are regularly sold by way of wholesale dealing or are regularly used in the manufacture of other articles; and
(b) requires the poison for the purpose of that business; if the outside of the package in which the poison is sold or supplied is labelled conspicuously with words indicating the dangerous properties of the poison.
5.--(1) The provisions of the said section 19 (2) shall apply to sales exempted by section 21 of the Ordinance, sales whole except sales of poisons to be exported to purchasers outside the Colony of Hong Kong; and shall also apply to the supply in the form of a commercial sample, otherwise than on sale, of any substance included in the First List to these Regula- tions in like manner as if references in the said provisions to the sale and seller of poisons respectively included references to the supply and the supplier of poisons in the form of commercial samples :
tion of the said sub- section.
Provided that the said provisions shall not apply to the sale or supply of any article by the manufacturer thereof or by a person carrying on a business in the course of which poisons are regularly sold by way of wholesale dealing, if—
() the article is sold or supplied to a person carrying on a business in the course of which poisons are regularly sold or are regularly used in the manufacture of other articles; and (b) the seller or supplier is reasonably satisfied that the purchaser requires the article for the purpose of that business.
(2) Paragraph (a) of the said section 19 (2) shall, in its application to sales exempted by section 21 of the Ordinance and to the supply in the form of commercial samples of substances included in the First List to these Regulations, be deemed to be satisfied if the person to whom the poison or sample is sold or supplied is known by the person in charge of the department of the business through which the sale or supply is effected to be a person to whom the poison or sample may properly be sold or supplied.
(3) So much of paragraph (b) of the said section 19 (2) as requires an entry in a book to be signed by the purchaser of a poison shall not, as respects the sale of a poison to a person for the purposes of his trade, business or profession, apply if the following requirements are satisfied :-
(a) the seller must obtain before the completion of the sale an order in writing signed by the purchaser stating his name and address, trade, business or profession, the name and quantity of the article to be purchased, and the purpose for which it is required:
(b) the seller must be reasonably satisfied that the signature is that of the person purporting to have signed the order, and that that person carries on the trade, business or profession stated in the order, being one in which the poison to be purchased is used;