A382
Ord. No. 54/87
False warranty as to quantity of goods sold.
Reliance on climatic influences as defence to
charge under section 19.
WEIGHTS AND MEASURES
(ii) as conforming with a statement marked on the container of the pre-packed goods,
as the case may require;
(b) that he so purchased the goods with a warranty from that other person that they were of that quantity or, as the case may be, did so conform;
(c) that at the time of the commission of the offence he had no reason to believe the statement contained in the warranty to be inaccurate, that he did in fact believe in its accuracy and, if the warranty was given by a person who at the 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 posses-
sion, 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 en- titled 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 warranty given to him or to his employer, any proceedings under section 21 in respect of the warranty may be taken against the person who has given the warranty.
(5) The person by whom a warranty is alleged to have been given shall be entitled to appear at the hearing of any proceedings referred to in subsection (1) and to give evidence, and the magistrate may, if he thinks fit, adjourn the hearing to enable him to do so.
(6) For the purposes of this section and section 21, "warranty" means an undertaking in writing, in whatever form, that a statement with respect to the quantity of pre-packed goods which is contained in any invoice or similar document relating to the goods, or marked on the container of such goods, is accurate.
21. Any person who in the course of trade sells goods in respect of which a warranty may be relied on under section 20 and gives to the purchaser a false warranty commits an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained therein were, and would continue at all relevant times to be, accurate.
22. In any proceedings for an offence under section 19 relating to pre-packed goods, it shall be a defence for the person charged to prove that-
WEIGHTS AND MEASURES
Ord. No. 54/87
A383
(a) the quantity of such goods is subject to variation by reason of
climatic influences; and
(b) the net quantity of the goods when packed was marked on the container and the marking appeared on the container at the time of supply.
23. (1) Any person who, for the purpose of supplying any goods in Unauthorized the course of trade in Hong Kong, publishes in any advertisement any unit advertisements.
of measurement that is not an authorized unit commits an offence.
(2) It shall be a defence to a charge under subsection (1) if the person
charged proves that—
(a) he is a person whose business it is to publish advertisements;
(b) he received the advertisement for publication in the ordinary
course of business; and
(c) he did not know and had no reason to suspect that the publication of the advertisement would constitute an offence under sub- section (1).
PART V
ADMINISTRATION
24. (1) Where a warrant is issued under section 25, an authorized Powers of officer, if he has reasonable cause to believe that there is in or on any entry, search, premises-
(a) any weighing or measuring equipment, or unit of measurement, in respect of which an offence under section 11, 12, 13(1) or 14;
(b) any goods supplied or intended to be supplied in the course of
trade in respect of which an offence under section 16, 17 or 19; or
(c) any advertisement in respect of which an offence under section
23(1),
is being or has been committed, may——--
(i) in the case of premises other than a vehicle or vessel, enter and
search any such premises;
(ii) in the case of a vehicle or vessel, stop, board, detain, enter and
search any such vehicle or vessel.
(2) For the purposes of subsection (1), an authorized officer may—
(a) inspect, or cause to be inspected, any weighing or measuring
equipment;
(b) examine the quantity of any goods and, where necessary, break open any container to establish the quantity of the contents;
(c) seize, remove and detain—
arrest, etc.
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