1964_WEIGHTS_AND_MEASURES_ORDINANCE — Page 16

1987 Ed.]

Weights and Measures

[CAP. 68

31. (1) Subject to subsection (3), the Commissioner or an authorized officer shall not disclose to any person, other than another public officer in the course of official duty, the name or identity of any person who has made a complaint-

(a) alleging a contravention of this Ordinance; or

(b) as a result of which a contravention of this Ordinance has come to his notice or to the notice of any other authorized officer,

without the consent of the person who made the complaint.

(2) Subject to subsection (3), where, arising out of, or in connection with, the enforcement of this Ordinance, any manufacturing or commercial secret, or any working process, comes to the knowledge of the Commissioner or an authorized officer, the Commissioner or authorized officer shall not at any time, even when he is no longer a public officer or an authorized officer, disclose such secret or process to any person.

(3) Where in any proceedings a magistrate considers that justice so requires, the magistrate may order the disclosure of

(a) the name or identity of any person who has made any

complaint referred to in subsection (1); or

(b) any secret or process referred to in subsection (2).

(4) Any person who contravenes subsection (1) or (2) commits an offence.

32. (1) Any person who commits an offence under section 12 is liable to a fine of $20,000 and to imprisonment for 6 months.

(2) Any person who commits an offence under section 9, 13(1), 18 or 21 is liable to a fine of $20,000.

(3) Any person who commits an offence under section 19 or 31 is liable to a fine of $10,000.

(4) Any person who commits an offence under section 11, 14, 16, 17 or 23(1) is liable to a fine of $5,000.

33. (1) Subject to subsection (2), in any case where goods are supplied in the course of trade, or any weight, measure, or weighing or measuring equipment is used for trade, in contravention of this Ordinance by any person as manager, agent or servant-

(a) such person; and

(b) his principal or employer,

commits the same offence and is liable to the penalty for that offence under this Ordinance.

(2) Without prejudice to liability to forfeiture under section 28, it shall be a defence for any principal or employer charged with an offence under subsection (1) to show that-

Restriction on disclosure of

source of complaint, etc.

Penalties.

Offences by agents or servants.

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