THE HONGKONG GOVERNMENT GAZETTE, 22ND AUGUST, 1896.
by some other analyst appointed by the Governor for the purposes of this Ordinance, and shall offer to divide the article into three parts to be then and there separated, and each part to be marked and sealed or fastened up in such manner as its mature will permit, and shall, if required to do so, proceed accordingly, and shall deliver one of such parts to the seller or his agent.
He shall retain one of the said parts for future com- parison and shall himself submit the third part, if he deems it right to have the article analysed, to the analyst.
14. If the seller or his agent do not accept the offer of the purchaser to divide the article purchased in his pre- sence, the analyst receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of those parts and shall cause it to be delivered, either upon receipt of the sample or when he supplies the cer- tificate to the purchaser, and the purchaser shall retain the same for production in case proceedings shall after- wards be taken in the matter.
15. If any such inspector or constable as described in section 12 hereof, acting under such written instructions as therein mentioned, shall apply to purchase any article of food or any drug exposed to sale, or on sale by retail iu any premises, shop or stores, or in any street or place, and shall tender the price for the quantity which he shall purchase for the purpose of analysis, not being more than shall be reasonably requisite, and the person ex- posing the same for sale shall refuse to sell the same to such inspector or constable, such person shall be liable, upon summary conviction before a Magistrate, to a fine not exceeding one hundred dollars, and in default of pay- ment of the said fine to imprisonment for a period not exceeding two mouths 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 Colonial Secretary and to the Secretary to the Sanitary Board the number of arti- cles analysed by him under this Ordinance, and shall spe- cify the result of every analysis, and such report shall be published by the Colonial Secretary 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 or if such person neglects to do so the Secretary to the Sanitary Board may take summary proceedings before a Magistrate in respect of 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, mud 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 relicard, may, upon the request of either party, in his or its discretion cause any article of food or drug to be sent 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.
Provision when sample is not divided,
(Ibid, «. 15.)
Person refusing vo aell any article to any officer liable
to penalty. (Ibid, m. 17.)
(42 & 43 Vic, u. 30, 6:4.)
Form of the certificate.
(Thil, s. 18.)
Quarterly report of analyst..
[ind. . 19.)
Prucendinga against offonders (Flirt, s. 20.)
Certificate of analyst to ba prima facie evidence for the prosecut- tion, but analyst to be called if required.
(Ibert, s. 21.)
Power to Courl or Magistrate 10 have article of food or drug analyaeil. (Ibid., 12.)
In any prose- ention dufendant to prove that he is protected by exception or provision, (100%, s. 24.)
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