### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

67. Presumptions
(1) For the purposes of this Part—
(a) any article commonly used for human consumption, or any drug commonly used by man, shall, if sold or offered, exposed or kept for sale, be presumed, unless there is evidence to the contrary, to have been sold, or as the case may be, to have been or to be intended for sale for human consumption or for use by man;
(b) any article commonly used for human consumption, or any drug commonly used by man, which is found on any premises or in any vessel, vehicle or aircraft used for the preparation, storage, transport or sale of that article or drug, and any article commonly used in the manufacture of products for human consumption or drugs for use by man which is found on any premises or in any vessel, vehicle or aircraft used for the preparation, storage, transport or sale of those products or drugs, shall be presumed, unless there is evidence to the contrary, to be intended for sale, or for manufacturing products for sale for human consumption or for use by man, as the case may be;
(c) any substance capable of being used in the composition or preparation of any article commonly used for human consumption or any drug commonly used by man which is found on any premises or in any vessel where that article or drug is prepared shall, unless there is evidence to the contrary, be presumed to be intended for such use.
(2) Where any food for human consumption or any drug for use by man is sold, or deposited with or consigned to any person for the purpose of sale for human consumption or use by man, as the case may be, contained in an unopened package, any person who appears from any statement thereon or attached thereto to have imported, manufactured or prepared such food or drug or to have enclosed it in such package shall, unless there is evidence to the contrary, be deemed to have so imported, manufactured, prepared or enclosed the same.
(3) For the purposes of this Part, the expression for use by man (供人使用) means for human consumption or for external application to the human body.
(4) The presumptions in subsection (1) do not apply to live aquatic products that are in captivity for the purposes of propagation or promotion of growth. (Added 5 of 2011 s. 67)
(Amended 5 of 2011 s. 67)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

68. Power to examine food and drugs in course of transit, etc.
(1) Subject to the provisions of subsection (2), any public officer authorized under the provisions of section 59(1), who has reason to suspect that any vehicle, vessel or container contains any food which is intended for human consumption or any drug which is intended for use by man or any food or drug which is in the course of delivery after sale for human consumption or for use by man may examine the contents of such vehicle, vessel or container and may for that purpose, if necessary, detain the vehicle, vessel or container, and, in the case of a vehicle or vessel in motion, may call upon such vehicle or vessel to stop.
(2) Nothing in this section shall authorize the detention of any vehicle, vessel or container used by a carrier of goods for the purposes of his trade as such a carrier.
(3) Any person, being a person in charge of a vehicle or vessel which is called upon a stop under the provisions of subsection (1), who fails to stop when so called upon shall be guilty of an offence.

69. Restriction on movement of imported food or drugs
(1) Without prejudice to any power of examining food or drugs conferred by this Part, the Authority or any public officer authorized in writing in that behalf by the Authority may give directions to the person in possession of any food or drug imported with a view to sale for human consumption or for use by man, as the case may be, prohibiting or restricting its removal or delivery— (Amended 78 of 1999 s. 7)
(a) during any period, not exceeding 6 days (exclusive of Saturdays, Sundays and public holidays), which may be reasonably required for the examination of such food or drugs; and (Replaced 29 of 1976 s. 4)
(b) if within that period the Authority or the officer so requires, until that person has notified the Authority or the officer of the name of the person to whom, and the address to or at which, he proposes to send or deliver such food or drug. (Amended 78 of 1999 s. 7)
(2) A person who fails to comply with any direction given under the provisions of subsection (1), or who, in a notification thereunder, knowingly makes any false statement, shall be guilty of an offence.

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

70. Contraventions due to some other person
(1) A person against whom proceedings are brought under this Part shall, upon information duly laid by him and on giving to the prosecution not less than 3 clear days’ notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings, and, if, after the contravention has been proved, the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence.
(2) Where the defendant seeks to avail himself of the provisions of subsection (1)—
(a) the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence;
(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.
(3) Where it appears to the Authority that an offence has been committed in respect of which proceedings might be taken under this Part against some person and the Authority is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1), the Authority may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person, and, in any such proceedings, the defendant may be charged with, and, on proof that the contravention was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged.
(4) In proceedings instituted under the provisions of subsection (3), the information or complaint shall set out the facts and state that the Authority concerned is reasonably satisfied that the offence of which complaint is made was due to the act or default of the person against whom the proceedings are brought.