TNAG-1613-FCO40-2221-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 24

Manufacture etc. of

products not

complying

with

prescribed

standards

within warranty period.

14. (1) Any person who by way of trade or business

imports, manufactures or supplies, or offers or exposes

for supply, any product prescribed for the purposes of this

Part which when tested within the warranty period emits

noise that does not comply with any standards prescribed

for the purposes of this section commits an offence.

(2) For the purposes of subsection (1) "warranty

period", in relation to any product prescribed for the

purposes of this Part, means the period prescribed as the

warranty period for such product.

(3) It shall be a defence to a charge under

subsection (2) that the product which is the subject of the

offence has, since the date of importation, manufacture or

supply, or the offer or exposure for supply

-

(a) been modified or altered in a manner which

increases materially the emission of noise

therefrom;

(b) been subject to wear and tear beyond that which

is normal; and

(c) been used other than in a manner in which the

product was intended to be used.