### Food Safety Ordinance 《食物安全條例》

45. Power to obtain information
(1) This section applies if the Director—
(a) has reasonable grounds to suspect that a provision of this Ordinance has been contravened; and
(b) has reasonable grounds to believe that a person has information or a document relating to the contravention.
(2) The Director may serve on the person a notice requiring the person—
(a) to provide, within the period specified in the notice, information of a kind specified in the notice; or
(b) to produce, at the time and place specified in the notice, any document in the person’s possession or control of a kind specified in the notice.
(3) Without limiting subsection (2), the kinds of information or documents that may be specified in a notice under that subsection include—
(a) information or documents indicating whether or not a person is a food importer or food distributor;
(b) information or documents relating to any transaction relating to food;
(c) information or documents relating to—
(i) any information contained, or required to be contained, in an application for registration or renewal of registration under Part 2;
(ii) any documents accompanying, or required to accompany, such an application; or
(iii) any other information or documents provided, or required to be provided, in relation to such an application.
(4) A person on whom a notice has been served under subsection (2) commits an offence if the person—
(a) without reasonable excuse, fails to comply with the notice; or
(b) in purported compliance with the notice—
(i) provides information or produces a document that the person knows is false in a material particular; or
(ii) recklessly provides information or produces a document that is false in a material particular.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 3 and to imprisonment for 3 months.

46. General power of entry
(1) An authorized officer may enter any premises or vessel used for business purposes at any time during which business is carried on, for the purpose of—
(a) the enforcement of this Ordinance; or
(b) the exercise of any power or the performance of any function of the authorized officer or the Director under this Ordinance.
(2) On entry, the authorized officer must produce evidence of his or her written authorization under section 39, if so required.

### Food Safety Ordinance 《食物安全條例》

47. Entry under warrant
(1) A magistrate may, by warrant, authorize an authorized officer to enter, by force if necessary, any premises or vessel referred to in section 46(1) for a purpose referred to in that section if the magistrate is satisfied on sworn information in writing that—
(a) admission to the premises or vessel has been refused or refusal is apprehended; and
(b) there is reasonable ground for entry to the premises or vessel for a purpose referred to in section 46(1).
(2) A warrant must be in the form specified in Schedule 4.
(3) A warrant continues in force until the purpose for which the entry is necessary has been satisfied.

48. Assistance for authorized officers on entry
An authorized officer entering premises or a vessel under section 46 or 47 may be accompanied by any persons the authorized officer considers necessary.

49. Power of arrest in certain cases
(1) If an authorized officer reasonably suspects that a person has committed or is committing an offence under an enactment specified in Schedule 5, the authorized officer may arrest the person without a warrant.
(2) If a person forcibly resists the attempt of an authorized officer to arrest him or her or attempts to evade arrest, the authorized officer may use all reasonable means necessary to make the arrest.
(3) If an authorized officer arrests a person under this section, the authorized officer must immediately take the person to the nearest police station or hand the person over to the custody of a police officer, to be dealt with in accordance with the Police Force Ordinance (Cap. 232).

50. Disposal of certain property
(1) If the Director or an authorized officer comes into possession of any property under this Ordinance, section 102 of the Criminal Procedure Ordinance (Cap. 221) applies as if—
(a) the Director or authorized officer were the police within the meaning of that section; and
(b) the property were property that had come into the possession of the police in connection with an offence.
(2) Subsection (1) does not apply if the manner of disposal of the property is provided for by another provision of this Ordinance.

### Food Safety Ordinance 《食物安全條例》

51. Offences committed by bodies corporate
(1) If an offence under this Ordinance by a body corporate is proved to have been committed with the consent or connivance of an officer of the body corporate, the officer also commits the offence and is liable to be proceeded against and punished accordingly.
(2) In this section—
officer (人員), of a body corporate, means—
(a) a director, manager, secretary or other similar officer of the body corporate;
(b) a person purporting to act in the capacity of a person referred to in paragraph (a); or
(c) if the affairs of the body corporate are managed by its members, a member of the body corporate who is concerned in the management of the body corporate.

52. Liability of employers and principals
(1) An act done or omission made by an employee in the course of employment is to be treated for the purposes of this Ordinance as done or made by the employer, as well as by the employee.
(2) An act done or omission made by an agent of another person with the authority (whether express or implied and whether precedent or subsequent) of that other person is to be treated for the purposes of this Ordinance as done or made by that other person, as well as by the agent.
(3) In a proceeding for an offence under section 4, 5, 21(5)(a), 22(5)(a), 23(4)(a), 24(4)(a), 26(3) or 32(1) brought against a person in respect of an act or omission alleged to have been done or made by an employee or agent of the person, the person is liable to be convicted of and be punished for that offence unless the person establishes the defence described in subsection (4).
(4) If a proceeding is brought against a person by virtue of subsection (3), it is a defence for the person to show that the person exercised all due diligence to prevent the employee or agent from—
(a) doing the act or making the omission; or
(b) doing an act or making an omission of that description in the course of the employee’s employment or the agent’s authority.

53. Defence for employees
It is a defence for an employee charged with an offence under this Ordinance to show that—
(a) the act or omission of the employee was done or made in the course of the employee’s employment and under instructions given by the employer in the course of that employment; and
(b) the employee was not, at the relevant time, in a position to make or influence a decision regarding that act or omission.