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

25. Restrictions upon exercise of powers of entry and search
(1) Subject to section 26, no premises shall be entered and searched by an authorized officer unless—
(a) a magistrate has issued a warrant under subsection (2); and
(b) it is necessary to do so for the purpose of investigating, or in order to prevent the commission of, an offence referred to in section 24(1).
(2) Subject to subsection (1)(b), a magistrate may, if he is satisfied by information on oath that there is reasonable cause to believe that there is in any premises any thing which may be seized under section 24, issue a warrant authorizing an authorized officer to enter and search the premises.
(3) An authorized officer authorized under subsection (2) to enter and search any premises may call upon any other person to assist him in entering and searching the premises.
(4) No vessel which has a tonnage exceeding 250 gross registered tons shall be detained under section 24(1) for more than 12 hours without the consent of the Commissioner, who may, by order in writing under his hand, detain such a vessel for further periods of not more than 12 hours each.
(5) Any order made by the Commissioner under subsection (4) shall state the times from which and for which the order shall be effective and shall be served by an authorized officer on the owner or master of the vessel.

26. Power to inspect weighing or measuring equipment, etc.
(1) An authorized officer may inspect, or cause to be inspected, any weighing or measuring equipment used or appearing to him to be used or intended for use in the selling by retail of any goods in the course of trade.
(2) An authorized officer may—
(a) enter any premises other than domestic premises at any reasonable time for the purposes of inspection under subsection (1); and
(b) require the person in possession or control of any weighing or measuring equipment that is inspected to give his name and address.
(3) Where an authorized officer has reasonable cause to believe that an offence under this Ordinance has been committed and that any weighing or measuring equipment inspected under subsection (1) may be required as evidence in proceedings for the offence, he may seize and detain it.

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

27. Powers of sale or disposal of perishable goods seized
(1) Subject to subsection (4), the Commissioner may sell or otherwise dispose of, in such manner as he sees fit, any goods of a perishable nature seized under section 24.
(2) Where any goods are sold under subsection (1), the Commissioner may deduct from the proceeds of sale any reasonable expenses or disbursements incurred in respect of the seizure, detention and sale.
(3) The proceeds of sale less any expenses or disbursements deducted under subsection (2)—
(a) may, if the owner of the goods sold is known or becomes known before the expiration of 6 months from the date of sale, be paid to the owner or his authorized agent;
(b) shall, in any case where paragraph (a) does not apply, be paid into the general revenue after the expiration of 6 months from the date of sale.
(4) Notwithstanding subsection (1), if goods to which this section applies are of no appreciable value or of value so small in the opinion of the Commissioner as to render impractical the sale thereof, the Commissioner may cause the goods to be destroyed or otherwise disposed of in such manner as he sees fit.
(5) The powers conferred on the Commissioner under this section may be exercised whether or not any person has been charged or convicted of any offence under this Ordinance.

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

28. Forfeiture and disposal of certain equipment and goods
(1) All weighing or measuring equipment or goods seized under this Ordinance shall be liable to forfeiture, whether or not any person has been convicted of an offence in respect of the equipment or goods.
(2) Where weighing or measuring equipment or goods are detained under this Ordinance, the Commissioner may at any time release such equipment or goods to the person who appears to him to be the owner thereof or his authorized agent subject to any such condition as the Commissioner may specify in writing.
(3) Where any weighing or measuring equipment or goods detained under this Ordinance have not been released under subsection (2), the Commissioner may, whether in the same proceedings where an offence is prosecuted or in other proceedings under this Ordinance relating to that equipment or goods, apply to a magistrate for the forfeiture of the equipment or goods.
(4) If, on the hearing of an application under subsection (3), the magistrate is satisfied that the weighing or measuring equipment or goods are liable to forfeiture, the magistrate may order that the equipment or goods—
(a) be forfeited;
(b) be destroyed; or
(c) be delivered to the owner thereof or his authorized agent subject to any such condition as the magistrate may specify in the order.
(5) Where under subsection (3) an application is made to a magistrate for the forfeiture of weighing or measuring equipment or goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the equipment or goods or his authorized agent, unless the owner or his authorized agent has indicated in writing to the Commissioner that such notification is not required; but if there is more than one owner of the equipment or goods, it shall be sufficient for the purposes of this subsection to give notice to one such owner or his authorized agent, unless one such owner or his authorized agent has indicated that such notification is not required.

29. Objections to decisions of Commissioner
(1) Any person aggrieved by a decision of the Commissioner or an authorized officer which is taken in the exercise or performance of any function under this Ordinance may, within 28 days from the date when the decision became known to him, appeal to the Administrative Appeals Board. (Replaced 6 of 1994 s. 40)
(2) (Repealed 6 of 1994 s. 40)(3) This section shall not apply in relation to the exercise or performance of any function by the Commissioner or an authorized officer under this Ordinance in compliance with an order or other decision of a court or magistrate.

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

30. Obstruction, etc.
(1) Any person who—
(a) obstructs the Commissioner or an authorized officer in the exercise or performance of any function under this Ordinance;
(b) without reasonable excuse fails to comply with any requirement, direction or demand given or made by the Commissioner or an authorized officer in the exercise or performance of any such function; or
(c) without reasonable excuse fails to supply information which an authorized officer may reasonably require of him under section 24(2)(d),
commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.
(2) Any person who—
(a) knowingly makes a false report, or
(b) furnishes any false or misleading information,
to the Commissioner or an authorized officer performing any function under this Ordinance commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.
(Amended E.R. 3 of 2022)

31. Restriction on disclosure of source of complaint, etc.
(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.