16
CAP. 138]
Pharmacy and Poisons
[1989 Ed.
(a) being summoned under subsection (1) to attend any inquiry to give evidence or to produce any document or other thing in his possession, refuses or neglects to do so; or
(b) being examined under subsection (1) as a witness by or before the Disciplinary Committee, refuses or neglects to answer any question put to him by or with the concurrence of the Disciplinary Committee, or to produce any document or other thing in his possession when required to do so,
shall be guilty of an offence and shall be liable on conviction to a fine of $500 and to imprisonment for 3 months.
(4) Any person who appears as a witness before the Disciplinary Committee shall be entitled to the same privileges in respect of the giving of evidence and the production of any document and other thing as he would be entitled to if appearing as a witness in civil proceedings before the High Court.
(5) Any person who-
(a) behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of the Disciplinary Committee; or
(b) wilfully disrupts the proceedings of the Disciplinary Committee,
shall be guilty of an offence and shall be liable on conviction to a fine of $500 and to imprisonment for 3 months.
(Added 31 of 1972 s. 5)
17. Liability of authorized sellers of
poisons for acts of employees
(1) In any case under section 16, where the person convicted of an offence or guilty of misconduct is an employee of the authorized seller of poisons, the Disciplinary Committee shall not give any direction unless proof is given to its satisfaction of some one or more of the facts specified in subsection (2), and it is of the opinion that having regard to the facts so proved the authorized seller of poisons ought to be regarded as responsible for the offence or misconduct.
(2) The facts as to some one or more of which the Disciplinary Committee must be satisfied before giving any such direction as is mentioned in subsection (1) are-
(a) that the offence or misconduct in question was instigated or connived at by the authorized seller of poisons or in the case of a body corporate, by an officer of that body corporate or in the case of an unincorporated body of persons, by any member of such body;
(b) that the authorized seller of poisons or any person employed by him, or, in the case of a body corporate or an unincorporated body of persons, any officer or member of such body, as the case
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