Price
The Horly for prosecutions.
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(c) without reasonable excuse fails to give such authorized officer any other assistance or information which the authorized officer may reasonably require of him for the purpose of the performance of the officer's functions under this Ordinance,
commits an offence.
(2) Any person who discloses to any other person-
(a) any information with respect to any manufacturing process or trade secret obtained by fim in premises which he has entered by virtue of this Ordinance; or
(b) any information obtained by him in pursuance of this Ondip-
auce,
commits an offence unless the disclosure was made-
Qin or for the purpose of the performance by him or any other
person of functions under this Ordinance, or
(fi) in the case of paragraph (b) under the direction or order of a
court
(9) Any person who, in giving any such information as is referred to in subsection (1)c), makes any statement which he knows to be false commits aug offence.
(4) Subject to subsection (5), notblog in this section shall be taken LO---
(a) require a person to answer any question or give any information if to do só might incriminate that person or the wife or husband of that person; or
(b) compel the production by a solicitor of a document containing a privileged comununicatión made by or to him in that capacity or authorize the seizure of any such document in bis possession.
(5) A person shall not be cxcused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Ordinance—
(a) from auswering any question put to that person in any civil
proceedings:
(6) from complying with any order made in any such proceedings, but no statement or admission made by a person in answering a question put or complying with an order made shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that person or (unless they married after the making of the statement on admission) against the wife or husband of that person.
18. (1) Any person who commits an offence under section 4, 5, 7, 9, 10, 11 or 12 shall be liable--
(a) on conviction on indictment, to a fine of $500.000 and to im-
priscoment for 5 years; and
(6) on summary conviction, to a fine of $100,000 and to imprison.
ment for 2 years.
(2) Any person who commits an offence under section 17 shall be liable to a fine of $10.000 and to imprisonment for 1 year.
19. No prosecution for an offence under this Ordinance shall be brought after-
(a) the expiration of 3 years from the date of commission of the
offence; or
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(6) the expiration of 1 year from the date of discovery of the offence
by the prosecuter,
whichever is the earlier.
20. Where a body corporate is convicted of an offence under this Onence by Ordinance, every person who, at the time of the commission of the offence, corpondom. was a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
21. Where the commission by any person of an offence under this Offence due to Ordinance is due to the act or default of some other person, that other faul of other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not 3. proceedings are taken against the first-mentioned person.
1965 c 29,
committed
22. Subject to the provisions of this Ordinance, any person who, in Accessory co Hong Kong, procures, counacle, aids, abets or is accessory to the commis- coc sion outside Hong Kong of an act which, if committed in Hong Kong, optalde would be an offence under this Ordinance, commits that offence as a Hon Konu. principal and shall be liable to be prosecuted in Hong Kong as if the offence had been committed within Hong Kong,
23. (1) Where any act or omission constitutes both an offence under Samples. this Ordinance and an offence under the Public Health and Urban Services (Cup. 132) Ordinance, evidence on behalf of the prosecution concerning any sample procured for analysis shall be admissible in proceedings in respect of the uffence under this Ordinance if, but only if, the provisions of section 63 of the Public Health and Urban Services Ordinance have been complied with.
(2) The Govemor in Council may by regulations provide that in any proceedings for an offence under this Ordinance in relation to such goods as may be specifled in the regulations (other than proceedings for au offence referred to in subsection (1)) evidence on behalf of the prosecu- tion concerning any sample procured for analysis shall not be admissible unless the sample has been dealt with in such manner as may be specified in the regulations.
24. (1) The Governor in Council may by regulations, provide that Evidence br Certificates issued by such persons as may be specified by the regulations certificate. in relation to such matters as may be so specified shall, subject to this 19, 1968 e 29. section, be received in evidence of those matters in any proceedings under this Ordinance,
(2) Such a certificate shall not be received in evidence-
(a) unless the party against whom it is to be given in evidence has been served with a copy thereof not less than 7 days before the hearing; or
(8) if that party has, not less than 3 days before the bearing, served on the other party a notice requiring the attendance of this person issuing the certificate.
(3) For the purposes of this section any document purporting to be such a certificate as is referred to in this section shall be deemed to be such a certificate unless the contrary is shown.
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