CAP. 362]
Penalties.
Time limit for prosecutions.
Offences by corporations.
Offences due to fault of other person.
1968 c. 29, s. 23.
Accessory to offences committed outside Hong Kong.
Trade Descriptions
[1987 Ed.
but no statement or admission made by a person in answering a question put or complying with an order made shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person. (Amended, L.N. 123/82)
18. (1) Any person who commits an offence under section 4, 5, 7, 9, 10, 11 or 12 shall be liable--
(a) on conviction on indictment, to a fine of $500,000 and to imprisonment for 5 years; and
(b) on summary conviction, to a fine of $100,000 and to imprisonment for 2 years.
(1A) Any person who commits an offence under section 16A(3) shall be liable to a fine of $5,000 and to imprisonment for 3 months. (Added, 2 of 1987, s. 4)
(2) Any person who commits an offence under section 17 shall be liable to a fine of $10,000 and to imprisonment for 1 year.
19. No prosecution for an offence under this Ordinance shall be brought after-
(a) the expiration of 3 years from the date of commission of the offence; or
(b) the expiration of 1 year from the date of discovery of the offence by the prosecutor,
whichever is the earlier.
20. Where a body corporate is convicted of an offence under this Ordinance, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
21. Where the commission by any person of an offence under this Ordinance is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.
22. Subject to the provisions of this Ordinance, any person who, in Hong Kong, procures, counsels, aids, abets or is accessory to the commission outside Hong Kong of an act which, if committed in Hong Kong, would be an offence under this Ordinance, commits that offence as a principal and shall be liable to be prosecuted in Hong Kong as if the offence had been committed within Hong Kong.
16
CAP. 362]
Penalties.
Time limit for prosecutions.
Offences by corporations.
Offences due to fault of other
person.
1968 c. 29, s. 23.
Accessory to offences com- mitted outside Hong Kong.
Trade Descriptions
[1987 Ed.
but no statement or admission made by a person in answering a question put or complying with an order made shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person. (Amended, L.N. 123/82)
18. (1) Any person who commits an offence under section 4, 5, 7, 9, 10, 11 or 12 shall be liable--
(a) on conviction on indictment, to a fine of $500,000 and to
imprisonment for 5 years; and
(b) on summary conviction, to a fine of $100,000 and to
imprisonment for 2 years.
(1A) Any person who commits an offence under section 16A(3) shall be liable to a fine of $5,000 and to imprisonment for 3 months. (Added, 2 of 1987, s. 4)
(2) Any person who commits an offence under section 17 shall be liable to a fine of $10,000 and to imprisonment for 1 year.
19. No prosecution for an offence under this Ordinance shall be brought after-
(a) the expiration of 3 years from the date of commission of
the offence; or
(b) the expiration of 1 year from the date of discovery of the
offence by the prosecutor,
whichever is the earlier.
20. Where a body corporate is convicted of an offence under this Ordinance, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his know- ledge, or that he exercised all due diligence to prevent the commis- sion of the offence.
21. Where the commission by any person of an offence under this Ordinance is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.
22. Subject to the provisions of this Ordinance, any person who, in Hong Kong, procures, counsels, aids, abets or is accessory to the commission outside Hong Kong of an act which, if committed in Hong Kong, would be an offence under this Ordinance, commits that offence as a principal and shall be liable to be prosecuted in Hong Kong as if the offence had been committed within Hong Kong.
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