548
THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.
Ferm of the certificate.
(hid, s. 19.
Quarterly report of analyst.
(Thid, s. 19.)
Proceedings against offenders.
(Ibid, s. 30,
Certificate of analyst to he prima facie evidence for the prosceu- tion, but alyst to ba called if required.
(Ibid, m. 21.)
Power to Court or Magistrat
to have article of food or drug analysed.
(Thid, s. 27.)
In any prOIO- cution defendant to prove that be is protected
by exception or provision. (Ibid, a. 24.)
Defendant to be discharged if he prove that he bought the article in
the same inte as sold and
with a warranty.
(İbul, s. 25.)
Tunishment
for forging certificate or warranty.
(Zhad, m. 27.3
For wilful misapplice- tiff warranty:
shall be liable, upon summary conviction before a Magis- trate, to a penalty not exceeding one hundred dollars, and in default of payment of the said penalty to imprisonment for a period not exceeding two months with or without hard labour.
16. The certificate of the analysis shall be in the form set forth in the schedule to this Ordinance or to the like effect.
17. The Government analyst and every analyst appointed by the Governor for the purposes of this Ordi- nance shall report quarterly to the Sanitary Board the number of articles analysed by him under this Ordinance, and shall specify the result of each analysis and the name of the person submitting the article for analysis and the name of the person delivering the sample for analysis, and such report shall be presented at the next meeting of the Sanitary Board, and shall be forwarded by the Board to the Colonial Secretary who shall cause the same to be published in the Government Gazette.
18. When the analyst having analysed any article shall have given his certificate of the result, from which it may appear that an offence against some one of the provisions of this Ordinance has been committed, the person causing the analysis to be made may take summary proceedings before a Magistrate for the recovery of the penalty herein imposed for such offence.
19. At the hearing of the charge in such proceeding the production of the certificate of the analyst shall be sufficient evidence of the facts therein stated, unless the defendant shall require that the analyst shall be called as a witness, and the parts of the articles retained by the person who purchased the article shall be produced, and the defendant may, if he think fit, tender himself and his wife to be examined on his behalf, and he or she shall, if he so desire, be examined accordingly.
20. The Magistrate before whom any complaint may be made under this Ordinance, or the Court before whom any case may be reheard, may, upon the request of either party, in their discretion cause any article of food or drug to be seat for analysis either to the Government analyst or to some analyst appointed by the Governor for the purposes of this Ordinance, and such analyst shall there- upon give a certificate to such Magistrate or Court of the result of such analysis, and the expense of such analysis shall be paid by the complainant or the defendant as the Magistrate or Court may by order direct.
21. In any prosecution under this Ordinance, when the fact of an article having been sold in a mixed state has been proved, if the defendant shall desire to rely upon any exception or provision contained in this Ordinance, it shall be incumbent upon him to prove the same.
22. If the defendant in any prosecution under this Ordinance prove to the satisfaction of the Magistrate or Court that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution.
23. Any person who shall forge, or shall utter knowing it to be forged for the purposes of this Ordinance, any certificate or any writing purporting to contain a warranty, shall be guilty of a misdemeanour and shall be punishable on conviction before the Supreme Court by imprisonment for a period not exceeding two years with or without hard labour.
Every person who shall wilfully apply to an article of food, or a drug, in any proceedings under this Ordinance, a certificate of warranty given in relation to any other article or drug, shall be guilty of an offence under this Ordinance, and be liable, upon summary conviction before a Magistrate, to a penalty not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour.