550
THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.
Forfeiture and destruction of
Article of food or drug.
Ree 23 of 1890, *. 4.)
offence or offences against this Ordinance of which the seller is accused, and also the name of the prosecutor, shall be stated on the summons, and the suminons shall not be made returnable in a less time than seven days from the day it is served upon the person summoned.
29. It shall be lawful for the Court or Magistrate to order the destruction of any article of food or drug in connection with which an offence is proved to have been committed under this Ordinance.
SCHEDULE.
FORM OF CERTIFICATE.
To (')
1. the undersigned, do hereby certify that I received on the day of
‹ ¡f.
18
from * for analysis (which then weighed
a sample
and have analysed the same, and declare the result of my analysis to be as follows:-
I am of opinion that the same is a sample of genuine
or.
I am of opinion that the said sample contained the parts as under, or the percentages of foreign ingredients as
under.
Observations *.
As witness my hand this
day of
A.B.. Analyst.
(1) Here insert the name of the person submitting the article for analysis,
(2) Here insert the name of the person delivering the sample.
(3) When the article cannot be conveniently weighed, this passage may be eraseri, or the blank may be left unfilled.
(4) Here the analyst may insert at his discretion his opinion as to whether the mixture (if any) was for the purpose of rendering the article potable, or palatable, or of preserving it, er of improving the appearance, or was unavoidable, and may state whether in excess of what is ordinary, or otherwise, or whether the ingredients or materials mixed are or are not injurious to health.
In the case of a certificate regarding milk, butter, or any article liable to decom- position, the analyst shall specially report whether any change had taken place in the constitution of the article that would interfere with the analysis.
Objects and Reasons.
The object of this Ordinance is to introduce into this Colony such of the provisions of the English Sale of Food and Drugs Acts 1875 and 1879 as are applicable to the local circumstances of the Colony.
The only laws in force in this Colony in relation to this subject are sections 2 and 5 of Ordinance 21 of 1886 and sections 4 and 5 of Ordinance 23 of 1890, and it seems advisable that the English law upon this important subject should be introduced in Hongkong, in order that an accused person may have the benefit of the following safeguards provided by the Home Act, namely:-
(1) The delivery to the seller or his agent of a portion of the sample of an article purchased for analysis (section 13);
(2) The provision that the Defendant or his wife may be called as a witness (section 19); and (3) The provisions that the prosecution shall take proceedings within a reasonable time,
that the accused shall be furnished with full particulars of the offence or offences charged and with the name of the prosecntor, and that the summons against the defendant shall not be returnable in less than seven days from the date of service (section 28).
HENRY E. POLLOCK,
Acting Attorney General.