1951-HKRS30-8-41_Part01 — Page 36

Addition of

after

section 5

of the

principal

Ordinance.

15.

"Forfei ture.

repayment therefor of samples, as may be necessary for the purposes of inspection; (d) to seize and detain any substance to which this Ordinance applies or any preparation of which any such substance is an ingrediem or part which he has reasonable cause to suspect is liable to forfeiture under this Ordinance.

(3) If any person wilfully resists or obstructs an inspector in the exercise of his powers under this section, or refuses to allow any sample to be taken in accordance with the provisions of this section, or fails without reasonable excuse to give any information. which he is duly required under this section to give, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars."

The principal Ordinance is hereby amended by the new section insertion after section 5 of the following additional section-

SA. (1) A magistrate, on application made on behalf of the Crown, shall order that any substance. to which this Ordinance applies or any preparation of which any such substance is an ingredient or part, with respect to which any offence under this Ordinance has been committed, shall be forfeited to the Crown whether any person has been convicted of such offence or not.

Amendment

(2) Upon the making of an order of forfeiture under this section, the substance or preparation to which such order relates shall be deemed to be the property of the Crown free from the rights of any

person.

8. The Schedule to the principal regulations is hereby to Schedule amended by the addition of the following items immediately after

to the

principal

item 3-

regulations.

4. Aureomycin. Any anti-biotic agent isolated from strains of Streptomyces, whether isolated from Streptomyces or not, any salt or derivative of any such agent, and any preparation of any of these.

5. Terramycin.

Any anti-biotic agent isolated from strains of Streptomyces, whether

isolated from Streptomyces or not, any salt or derivative of any such agent, and any preparation of any of these."

7. (0) No person who is required by these regulations to Tran- be the holder of a permit shall be convicted of an offence by sitional

provisions. reason only of the fact that he has not been issued with such permit if he has made application by registered post for such permit before the 1st day of February, 1951, and either he has not at the date of such offence been notified that his application has been refused or having been so notified he has offered the substance or preparation for sale to the Government in the manner prescribed by sub-regulation (2) of this regulation.

(a) Any person who is required by these regulations to be the holder of a permit and who, having made application to be issued with such permit in accordance with sub-regulation (1) of this regulation, is notified that his application has been refused shall, within twenty-four hours of the date of such noti- fication, offer for sale to the Government all substances to which the principal Ordinance applies and all preparations of which any such substance is an ingredient or part which he has in his possession or under his control, at such price as may be deter- mined by the Governor or by a person authorized by him in that behalf.

(3) Upon the purchase by Government, by reason of this regulation, of any substance or preparation, such substance or preparation shall be deemed to be the property of the Crown free from the rights of any person.

(4) Any person who fails to comply with the requirements of sub-regulation (2) of this regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars.

Clerk of Councils.

24th January, 1951.

COUNCIL CHAMBER,