1964_WEIGHTS_AND_MEASURES_ORDINANCE — Page 17

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CAP. 68]

Weights and Measures

{1987 Ed.

Name in which proceedings may be brought.

Evidence by certificate.

Evidence of possession of equipment or goods, etc.

(a) the contravention was committed by his manager, agent or servant without the consent or connivance of the principal or employer; and

(b) all reasonable steps were taken by the principal or employer to prevent the contravention.

34. Without prejudice to any other Ordinance relating to the prosecution of criminal offences or to the powers of the Attorney General in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Commissioner of Customs and Excise.

35. (1) In any proceedings for an offence under this Ordinance, a certificate purporting to be signed-

(a) by an authorized officer or a public officer working in a Government laboratory and certifying that the goods specified in the certificate were weighed, measured or counted by him on a particular date and were of a particular weight, measure or count;

(b) by an authorized officer and certifying the degree of accuracy of any weighing or measuring equipment used for trade that was tested by him on a particular date;

(c) by a public officer in charge of a Government laboratory and certifying the degree of accuracy of any weighing or measuring equipment or any working and field standard that was tested by him at the said laboratory on a particular date,

shall be admitted in evidence before any magistrate on its production without further proof.

(2) On the production of a certificate under subsection (1)— (a) the magistrate before whom it is produced shall, until the contrary is proved, presume that the certificate was signed by the public officer and at the time specified therein; and (b) the certificate shall be prima facie evidence of all the matters contained therein.

36. (1) Where any weighing or measuring equipment is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be presumed for the purposes of this Ordinance, unless the contrary is proved, to have the equipment in his possession for use for trade.

(2) Where any goods are found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be presumed for the purposes of this Ordinance, unless the contrary is proved, to have the goods in his possession for supply in the course of trade.