1950_ADULTERATED_FOOD_AND_DRUGS_ORDINANCE — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 132]

[s. 22 cont.]

Magistrate may order independent analysis.

Non-disclosure of information.

Recovery of expenses incidental to prosecution.

Adulterated Food and Drugs.

called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable.

(2) In like manner a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness.

(3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper.

23. When a sample has been dealt with in accordance with section 7 the magistrate shall, on the request of either party to such proceedings and may if he thinks fit without such request, order that the part of the sample retained by the officer be submitted to another analyst for analysis.

24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gave such information, and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any statement in relation thereto.

25. (1) Where any person is convicted of an offence under this Ordinance, the magistrate may order that all fees and other expenses incident to the analysis of any food or drug in respect of which the conviction is obtained (including an analysis made under section 23) shall be paid by the person convicted.

(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.

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CAP. 132] [s. 22 cont.] Magistrate may order independent analysis. Non-disclosure of information. Recovery of expenses incidental to prosecution. Adulterated Food and Drugs. called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable. (2) In like manner a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness. (3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper. 23. When a sample has been dealt with in accordance with section 7 the magistrate shall, on the request of either party to such proceedings and may if he thinks fit without such request, order that the part of the sample retained by the officer be submitted to another analyst for analysis. 24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gave such information, and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any statement in relation thereto. 25. (1) Where any person is convicted of an offence under this Ordinance, the magistrate may order that all fees and other expenses incident to the analysis of any food or drug in respect of which the conviction is obtained (including an analysis made under section 23) shall be paid by the person convicted. (2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable. 14
Baseline (Original)
CAP. 132] [s, 22 cont.] Magistrate may order independent analysis. Non-disclosure of informa- tion. Recovery of expenses incidental to prosecution. Adulterated Food and Drugs. called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable. (2) In like manner a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness. (3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper. 23. When a sample has been dealt with in accordance with section 7 the magistrate shall, on the request of either party to such proceedings and may if he thinks fit without such request, order that the part of the sample retained by the officer be submitted to another analyst for analysis. 24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such informa- tion or the name of any person who gave such information, and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or docu- ments made or received by him in his official capacity or to make any statement in relation thereto. 25. (1) Where any person is convicted of an offence fees and other under this Ordinance, the magistrate may order that all fees and other expenses incident to the analysis of any food or drug in respect of which the conviction is obtained (including an analysis made under section 23) shall be paid by the person convicted. (2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable. 14
2026-05-03 17:09:00 · Baseline
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CAP. 132]

[s, 22 cont.]

Magistrate may order independent analysis.

Non-disclosure of informa- tion.

Recovery of

expenses

incidental to prosecution.

Adulterated Food and Drugs.

called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable.

(2) In like manner a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, be sufficient evidence of the facts stated therein unless the prosecutor requires that the analyst be called as a witness.

(3) A copy of such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper.

23. When a sample has been dealt with in accordance with section 7 the magistrate shall, on the request of either party to such proceedings and may if he thinks fit without such request, order that the part of the sample retained by the officer be submitted to another analyst for analysis.

24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such informa- tion or the name of any person who gave such information, and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or docu- ments made or received by him in his official capacity or to make any statement in relation thereto.

25. (1) Where any person is convicted of an offence fees and other under this Ordinance, the magistrate may order that all fees and other expenses incident to the analysis of any food or drug in respect of which the conviction is obtained (including an analysis made under section 23) shall be paid by the person convicted.

(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.

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