1987 Ed.]
Weights and Measures
[CAP. 68
9
(a) that he purchased the goods from some other person-
(i) as being of the quantity which the person charged purported to supply, or which was stated in any invoice or similar document relating to the purchase of the pre-packed goods; or
(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 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 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.
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Page 11
1987 Ed.]
Weights and Measures
[CAP. 68
9
(a) that he purchased the goods from some other person-
(i) as being of the quantity which the person charged purported to supply, or which was stated in any invoice or similar document relating to the purchase of the pre- packed goods; or
(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 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 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.
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