TNAG-1619-FCO40-2228-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 15

time he gave it was resident outside Hong Kong,

that the person charged had taken reasonable

steps to check the accuracy of that statement;

and

(d)

that he took all reasonable steps to ensure that,

while in his possession, the quantity of the

goods remained unchanged.

(2)

A warranty shall be a defence in any proceedings

referred to in subsection (1) if, but only if, not later

than 3 days before the date of hearing of the proceedings,

the person charged sends to the person who instituted the

proceedings a copy of the warranty with a notice stating

that he intends to rely on it and specifying the name and

address of the person by whom the warranty was given, and

also sends a like notice to that person.

(3)

Where a person charged with an offence referred

to in subsection (1) is a servant of a person who, if he

had been charged, would have been entitled to rely on a

warranty as a defence under this section, subsection (1)

shall have effect as if any reference (however expressed)

in paragraphs (a) to (d) thereof to the person charged

were a reference to his employer.

(4)

Where in any proceedings referred to in

subsection (1) the person charged is acquitted because of a