Proceedings
by indictment and contracts not to be Efected.
(Ibid, s. 9.)
The Gor mor
To have power
to appoint
alysts for
purposes of
this Ordinance.
Specind
provision as 10 time for and
notice of
proceedings. Ibid, s. 10.)
Forfeiture and destruction of
article of food or drug.
(See 23 of 1800,
4.)
[ 1 ]
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 penalty 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 bim, and that he purchased it not knowing it to be otherwise, and afterwards 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. The Governor shall have power, upon receiving such evidence as to fitness as he shall in his absolute discretion 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.
26. In all prosecutions under this Ordinance, and notwithstanding 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 Ordinance 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 contravention to the terms of this Ordinance the seller is rendered liable to prosecution, and particulars of the 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 summons shall not be made returnable in a less time than seven days from the day it is served upon the person summoned.
auy
article
27. It shall be lawful for any Court or Magistrate to order the destruction of of food or drug in connection with which an offence is proved to have been committed under this Ordinance.
Passed the Legislative Council of Hongkong, this 5th day of August, 1896.
F. J. BADELEY,
Acting Clerk of Councils.
Assented to by His Excellency the Governor, the 19th day of August, 1896.
J. H. STEWART LOCKHART, Colonial Secretary.
SCHEDULE.
FORM OF CERTIFICATE.
To (1)
from
I, the undersigned, do hereby certify that I received on the
a sample of
day of
18
J
for analysis (which then weighed
), 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 erased, 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 pota, le, or palatable, or of preserving it, or 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 injurions to health.
In the case of a certificate regarding misk, butter, or any article liable to decomposition, the analyst shall specially report whether any change had taken place in the constitution of the article that would interfere with the analysis.