CO129-272 - Governor Sir Robinson - 1896 [5-9] — Page 454

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Notwithstanding the fragmented text at the beginning, the coherent part of the text appears to be a legal document, likely an ordinance related to food and drugs. Here is the proofread text in HTML format:

# Ordinance Text

22. If the defendant in any prosecution under this Ordinance prove to the satisfaction of the Magistrate or Court that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution.

23. Any person who shall forge, or shall utter knowing it to be forged for the purposes of this Ordinance, any certificate or any writing purporting to contain a warranty, shall be guilty of a misdemeanour and shall be punishable on conviction before the Supreme Court by imprisonment for a period not exceeding five years with or without hard labour.

Every person who shall wilfully apply to an article of food, or a drug, in any proceedings under this Ordinance, a certificate of warranty given in relation to any other article or drug, shall be guilty of an offence under this Ordinance, and be liable, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour.

Every person who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent, shall be guilty of an offence under this Ordinance, and be liable, on summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour.

Every person who shall wilfully give a label with any article sold by him, which shall falsely describe the article sold, shall be guilty of an offence against this Ordinance and be liable, on summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour.

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 him, 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...

449

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Notwithstanding the fragmented text at the beginning, the coherent part of the text appears to be a legal document, likely an ordinance related to food and drugs. Here is the proofread text in HTML format: # Ordinance Text 22. If the defendant in any prosecution under this Ordinance prove to the satisfaction of the Magistrate or Court that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution. 23. Any person who shall forge, or shall utter knowing it to be forged for the purposes of this Ordinance, any certificate or any writing purporting to contain a warranty, shall be guilty of a misdemeanour and shall be punishable on conviction before the Supreme Court by imprisonment for a period not exceeding five years with or without hard labour. Every person who shall wilfully apply to an article of food, or a drug, in any proceedings under this Ordinance, a certificate of warranty given in relation to any other article or drug, shall be guilty of an offence under this Ordinance, and be liable, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour. Every person who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent, shall be guilty of an offence under this Ordinance, and be liable, on summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour. Every person who shall wilfully give a label with any article sold by him, which shall falsely describe the article sold, shall be guilty of an offence against this Ordinance and be liable, on summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour. 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 him, 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... 449
Baseline (Original)
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If the defendant in any prosecution tidar this Ordinance prove to the satisfaction of the Magistrato an Court that he hari purchased the article in question as the same in nature, substance, and quality as rivit demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold is that the article was otherwise, and that he sold it in the sante state as when he purchased it, be shall be discharged from the prosecution. 23. Any person who shall forge, or shall utter knowing it to be forgoul for the purposes of this Onlitance, any certificate or any writing purporting to contain a warranty, shall be guilty of a misdemeanour and shall be punishable on conviction before the Supreme Camry by imprisonment for a period not exceeding five years with or without bard laboar. Every person who shall wifully apply to an article of food, or a drag, in any proceedings and this Ordinance, o certificate of wareenty given in velation to any other article or drug, shall be guilty of an offence suder this Ordinance, mid be liable, ipon summary conviction before Magistrate, to a hus not exceeding two hundred dai- lars and in default of payment thereof to imprisonmout for a period not exceeding three maths with or without hard labour. H Every perana who shall give a false warranty in writing to any purchaser tu cespeci of an article of foot or a drug sold by him a principal or agert, shall be guilty of mu offence under this Delinance, and be liable, on summary conviction before a Magistrate, to a fise not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exenciling three wouths with or without fuel inbour. Every person who shall wilfully give a label with any article sold by him, which shall taisely describe the arficie soid, shall be guilty of an offence against this Ordi- uance and be fiable, sou summary convictim before a Ma gistrate, to a fine not exceeding two hundred dollars and in default of peruent thereof to imprisonment for a period not exceeding three mouths with or without hard labour. 24. Nothing in this Ordiumite contained shall affect the power of proeruding by indictment, or take away any other remedy against any offender ander this Ordinance, or is any way interfems with contracts and bargains between individuals and the rights and remedies belonging thereto. Procided that in aur aaiou brought by any person for a branch of contract on the sale of gay article of fond or of any drug, such person may recover alone or in addition to any other damages recoverable by him the monat of any penalty in which he may have been convicted under this Velinance, together with the costs inearred by him in and about his defence thereto, if he prove that the article or drug, the subject of sanhi conviction, was sold to him as aud for an article or ding of the same mature, substance, aud quality as that which was demanded of him, and that he purchased it not knowing it to be otherwise, and after. wards sold it in the same state in which he purebased it; the defendant in such action being nevertheless at liberty to prove that the conviction was wroughul or that the amount of costs claimed is unreasonable. 25. The Governor shall have power, upou receiving such evidence as to fitness as he shall in his absolute dis cretion deem sufficient, to appoint any person under his hand to be an analyst for the purposes of this Ordinance. Such an appointment shall he published in the Government Gazette, and the production of such Guzetre containing a notice of sach appointment shall be sufficient evidence of sach appointment in any Court of law, 26. In all prosecutions under this Ordinance, and not- withstanding the provisions of section eigbreen hereof, the satomons to appear befben a Magistrate shall be served upou the person charged with violating the provisions of this Orianer within a reasonable time, mud, in the case of a perishable actiele, 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 con- travoution to the terms of this Ordinance the seller is rendered able to pro-rcution, and particulars of the offence or offences against this Ordinance of which the 449 Frita 26 oz Han Gist <at> {"B one that with local cincompl
2026-05-27 21:44:02 · Baseline
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22. If the defendant in any prosecution tidar this Ordinance prove to the satisfaction of the Magistrato an Court that he hari purchased the article in question as the same in nature, substance, and quality as rivit demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold is that the article was otherwise, and that he sold it in the sante state as when he purchased it, be shall be discharged from the prosecution.

23. Any person who shall forge, or shall utter knowing it to be forgoul for the purposes of this Onlitance, any certificate or any writing purporting to contain a warranty, shall be guilty of a misdemeanour and shall be punishable on conviction before the Supreme Camry by imprisonment for a period not exceeding five years with or without bard laboar.

Every person who shall wifully apply to an article of food, or a drag, in any proceedings and this Ordinance, o certificate of wareenty given in velation to any other article or drug, shall be guilty of an offence suder this Ordinance, mid be liable, ipon summary conviction before Magistrate, to a hus not exceeding two hundred dai- lars and in default of payment thereof to imprisonmout for a period not exceeding three maths with or without hard labour.

H

Every perana who shall give a false warranty in writing to any purchaser tu cespeci of an article of foot or a drug sold by him a principal or agert, shall be guilty of mu offence under this Delinance, and be liable, on summary conviction before a Magistrate, to a fise not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exenciling three wouths with or without fuel inbour.

Every person who shall wilfully give a label with any article sold by him, which shall taisely describe the arficie soid, shall be guilty of an offence against this Ordi- uance and be fiable, sou summary convictim before a Ma gistrate, to a fine not exceeding two hundred dollars and in default of peruent thereof to imprisonment for a period not exceeding three mouths with or without hard labour.

24. Nothing in this Ordiumite contained shall affect the power of proeruding by indictment, or take away any other remedy against any offender ander this Ordinance, or is any way interfems with contracts and bargains between individuals and the rights and remedies belonging thereto. Procided that in aur aaiou brought by any person for a branch of contract on the sale of gay article of fond or of any drug, such person may recover alone or in addition to any other damages recoverable by him the monat of any penalty in which he may have been convicted under this Velinance, together with the costs inearred by him in and about his defence thereto, if he prove that the article or drug, the subject of sanhi conviction, was sold to him as aud for an article or ding of the same mature, substance, aud quality as that which was demanded of him, and that he purchased it not knowing it to be otherwise, and after. wards sold it in the same state in which he purebased it; the defendant in such action being nevertheless at liberty to prove that the conviction was wroughul or that the amount of costs claimed is unreasonable.

25. The Governor shall have power, upou receiving such evidence as to fitness as he shall in his absolute dis cretion deem sufficient, to appoint any person under his hand to be an analyst for the purposes of this Ordinance. Such an appointment shall he published in the Government Gazette, and the production of such Guzetre containing a notice of sach appointment shall be sufficient evidence of sach appointment in any Court of law,

26. In all prosecutions under this Ordinance, and not- withstanding the provisions of section eigbreen hereof, the satomons to appear befben a Magistrate shall be served upou the person charged with violating the provisions of this Orianer within a reasonable time, mud, in the case of a perishable actiele, 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 con- travoution to the terms of this Ordinance the seller is rendered able to pro-rcution, and particulars of the offence or offences against this Ordinance of which the

449

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