THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.
Every person who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent, shall be guilty of an offence under this Ordinance, and be liable, on 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.
Every person who shall wilfully give a label with any article sold by him, which shall falsely describe the article sold, shall be guilty of an offence against this Ordi- nance and be liable, upon summary conviction before a Ma- gistrate, 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.
24. Nothing in this Ordinance contained shall affect the power of proceeding by indictment, or take away any other remedy against any offender under this Ordinance, or in any way interfere with contracts and bargains between individuals and the rights and remedies belonging thereto.
Provided that in any action brought by any person for a breach of contract on the sale of any article of food or of any drug, such person may recover alone or in addition to any other damages recoverable by him the amount of any pénalty in which he may have been convicted under this Ordinance, together with the costs incurred by him in and about his defence thereto, if he prove that the article or drug, the subject of such conviction, was sold to him as and for an article or drug of the same nature, substance, and quality as that which was demanded of him, and that he purchased it not knowing it to be otherwise, and after- wards sold it in the same state in which he purchased it; the defendant in such action being nevertheless at liberty to prove that the conviction was wrongful or that the amount of costs claimed is unreasonable.
25. Any medical officer of health, inspector of nuisances, or inspector of weights and measures, or any inspector of a market, or any police constable may, at the cost of the Government, procure at the place of delivery any sample of any milk in course of delivery to the pur- chaser or consignee in pursuance of any contract for the sale to such purchaser or consignee of such milk; and such officer, inspector, or constable, if he suspect the same to have been sold contrary to any of the provisions of this Ordinance, shall submit the same to be analysed, and the same shall be analysed, and proceedings shall be taken and penalties on conviction be enforced in like manner in all respects as if such officer, inspector, or constable bad purchased the same from the seller or consignee under section twelve of this Ordinance.
26. The seller or consiguor or person or persons entrusted by him for the time being with the charge of such milk, if he shall refuse to allow such officer, inspector, or constable to take the quantity which such officer, inspector, or constable shall require for the purpose of analysis, shall be liable, upon summary conviction before a Magistrate, to a penalty not exceeding one hundred dollars and in default of payment thereof to imprisonment for a period not exceeding two mouths with or without hard labour.
27. The Governor shall have power, upon receiving such evidence as to fitness as he shall in his absolute dis- cretion deem sufficient, to appoint any person under his hand to be an analyst for the purposes of this Ordinance. Such an appointment shall be published in the Government Gazette, and the production of such Gazette containing a notice of such appointment shall be sufficient evidence of such appointment in any Court of law.
28. In all prosecutions under this Ordinance, and not- withstanding the provisions of section eighteen hereof, the summons to appear before a Magistrate shall be served upon the person charged with violating the provisions of this Ordnance within a reasonable time, and, in the case of a perishable article, not exceeding twenty-eight days from the time of the purchase from such person for test purposes of the food or drug, for the sale of which in con- travention to the terms of this Ordinance the seller is rendered liable to prosecution, and particulars of the
For fals
Warranty
For false
label:
Proceedings
by indictment and contracts not to be affecteil.
(Thùl, s. 98.)
Officer,
inspector, or constable JAY obtain a sample of milk at the place of delivery to submit to analyst.
(49 & 43 Vi.. c. 39, s. 3.)
Penalty fo refusal to give milk for analysis. (thil, *. 4)
The Governor to have power to appoint analysts for purposes at this ordinative
Special provisien as to tine for anni Butice of proceedings. (IUR, », 10.3
549