### Weights and Measures Ordinance 《度量衡條例》

32. Penalties
(1) Any person who commits an offence under section 12 is liable to a fine at level 4 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 at level 4.
(3) Any person who commits an offence under section 19 or 31 is liable to a fine at level 3.
(4) Any person who commits an offence under section 11, 14, 16, 17 or 23(1) is liable to a fine at level 2.
(Amended E.R. 3 of 2022)

33. Offences by agents or servants
(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—
(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. Name in which proceedings may be brought
Without prejudice to any other Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice 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.
(Amended L.N. 362 of 1997)

### Weights and Measures Ordinance 《度量衡條例》

35. Evidence by certificate
(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. Evidence of possession of equipment or goods, etc.
(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.
(3) Where in or on any premises goods of any description are made up in advance ready for supply by way of retail trade in a container of any kind, or are kept or stored for supply after being so made up, any goods of that description found in or on those premises made up in a container of the same kind shall be presumed to be pre-packed unless the contrary is proved; and it shall not be sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of section 16(2).

### Weights and Measures Ordinance 《度量衡條例》

38. Power of Commissioner to amend Schedules
The Commissioner of Customs and Excise may by order published in the Gazette amend any Schedule.

### Dollar and Subsidiary Currency Notes Ordinance 《壹圓紙幣及輔助紙幣條例》

1. Short title
This Ordinance may be cited as the Dollar and Subsidiary Currency Notes Ordinance.

2. Five cents, ten cents and one dollar currency notes cease to be legal tender
(1) All five cents and ten cents currency notes issued by the Financial Secretary under section 2 of the repealed Subsidiary Currency Notes Ordinance 1941 (21 of 1941) shall cease to be legal tender in Hong Kong from the commencement* of this Ordinance.
(2) All one dollar currency notes issued by the Financial Secretary under section 2 of the repealed Dollar Currency Notes Ordinance 1935 (42 of 1935) shall cease to be legal tender in Hong Kong from the commencement of this Ordinance.

Editorial Note:
* Commencement date: 1 September 1969.

3. Assets of the note security funds to be transferred to the general revenue
(1) All assets of the Subsidiary Note Security Fund established by the Financial Secretary under section 3 of the repealed Subsidiary Currency Notes Ordinance 1941 (21 of 1941) shall be transferred to the general revenue of Hong Kong.
(2) All assets of the note security fund established by the Financial Secretary under section 4 of the repealed Dollar Currency Notes Ordinance 1935 (42 of 1935) shall be transferred to the general revenue of Hong Kong.

4. Financial Secretary may issue one cent, five cents and ten cents currency notes
(1) The Financial Secretary may issue in Hong Kong one cent, five cents and ten cents currency notes, which shall be legal tender for the payment of any amount not exceeding—
(a) one dollar in the case of one cent notes; and
(b)  two dollars in the case of the five cents notes and the ten cents notes:

Provided that the total amount of the currency notes issued under this section which are in circulation shall not exceed ten million dollars.
(2) All one cent currency notes issued under section 2 of the repealed Subsidiary Currency Notes Ordinance 1941 (21 of 1941) shall be deemed to have been issued under subsection (1) of this section.

5. Revenue from the issue of notes to be credited to general revenue and expenses in connexion with such issue to be met from general revenue
(1) All moneys which are received as a result of the issue of any currency notes under section 4 shall be credited to the general revenue of Hong Kong.
(2) All expenses which are incurred in connexion with the issue of any currency notes under section 4 shall be paid from the general revenue of Hong Kong.