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

13. Possession of unauthorized or false weighing or measuring equipment for use for trade
(1) Subject to subsection (2) and section 15, any person who uses for trade or has in his possession for use for trade—
(a) any weighing or measuring equipment which is constructed or adapted to indicate any unit of measurement other than an authorized unit;
(b) any weighing or measuring equipment which is false or defective,
commits an offence.
(2) Without prejudice to liability to forfeiture under section 28, it shall be a defence for any person charged with an offence under subsection (1)(b) in respect of the use for trade of any weighing or measuring equipment to show that—
(a) he used the equipment only in the course of his employment by some other person; and
(b) he did not know and could not reasonably have been expected to know that the equipment was false or defective.

14. Prohibition against manufacture or supply for use for trade of weighing or measuring equipment
Subject to section 15, any person who manufactures or supplies for use for trade any weighing or measuring equipment which—
(a) is false or defective; or
(b) does not comply with the Second Schedule or the Third Schedule,
commits an offence.

15. Non-application of certain provisions
Sections 11, 13(1)(a) and 14(b) shall not apply to any goods or weighing or measuring equipment intended for export or re-export to any place outside Hong Kong where a system of units of measurement other than that prescribed by this Ordinance is used.

16. Goods to be supplied by net weight or measure
(1) Except where otherwise provided under this Ordinance, no person shall in the course of trade supply any goods by weight or measure otherwise than by net weight or measure.
(2) No person shall in the course of trade supply any pre-packed goods by weight or measure unless the net weight or measure of the goods in an authorized unit is legibly marked upon the outside of the container, or upon a label firmly attached thereto; but this subsection shall not apply to goods—
(a) which are supplied by any sack, bag or other type of container in respect of which a weight in an authorized unit is prescribed; or
(b) which are exempt from this subsection by regulations made under this Ordinance.
(3) Any person who contravenes subsection (1) or (2) commits an offence.

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

17. Weighing or measuring of goods sold
(1) Subject to subsections (2) and (3), a person who in the course of trade weighs or measures goods for sale shall, if he weighs or measures the goods in the presence of the purchaser, give the purchaser a clear and unrestricted view of—
(a) all the operations connected with the weighing or measuring of the goods;
(b) the weighing or measuring equipment used for ascertaining the weight or measure of the goods; and
(c) the weight or measure indicated by the weighing or measuring equipment used for ascertaining the weight or measure of the goods.
(2) A person who in the course of trade sells by weight or measure goods which are pre-packed by him shall, if the purchaser is present and so requests, weigh or measure the goods in accordance with subsection (1).
(3) Where a person in the course of trade sells goods, other than pre-packed goods, by weight or measure and the goods are not weighed or measured in the presence of the purchaser, the seller shall deliver with the goods or send forthwith to the purchaser a delivery note or invoice showing the net weight or measure of the goods.
(4) Any person who contravenes any provision of this section commits an offence.

18. False statements as to quantity of goods supplied
(1) No person who supplies goods in the course of trade shall make any statement, whether orally or in writing or otherwise, which he knows to be false or misleading as to a material particular regarding the quantity of the goods supplied.
(2) Any person who contravenes this section commits an offence.

19. Short weight or measure, etc.
(1) No person shall in the course of trade supply, or cause to be supplied, to another person any goods by weight, measure or number short of the quantity purporting to be supplied or less than that which corresponds to the price charged for those goods.
(2) Any person who contravenes this section commits an offence.

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

21. False warranty as to quantity of goods sold
Any person who in the course of trade sells goods in respect of which a warranty may be relied on under section 20 and gives to the purchaser a false warranty commits an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained therein were, and would continue at all relevant times to be, accurate.

22. Reliance on climatic influences as defence to charge under section 19
In any proceedings for an offence under section 19 relating to pre-packed goods, it shall be a defence for the person charged to prove that—
(a) the quantity of such goods is subject to variation by reason of climatic influences; and
(b) the net quantity of the goods when packed was marked on the container and the marking appeared on the container at the time of supply.

23. Unauthorized advertisements
(1) Any person who, for the purpose of supplying any goods in the course of trade in Hong Kong, publishes in any advertisement any unit of measurement that is not an authorized unit commits an offence.
(2) It shall be a defence to a charge under subsection (1) if the person charged proves that—
(a) he is a person whose business it is to publish advertisements;
(b) he received the advertisement for publication in the ordinary course of business; and
(c) he did not know and had no reason to suspect that the publication of the advertisement would constitute an offence under subsection (1).

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

24. Powers of entry, search, arrest, etc.
(1) Where a warrant is issued under section 25, an authorized officer, if he has reasonable cause to believe that there is in or on any premises—
(a) any weighing or measuring equipment, or unit of measurement, in respect of which an offence under section 11, 12, 13(1) or 14;
(b) any goods supplied or intended to be supplied in the course of trade in respect of which an offence under section 16, 17 or 19; or
(c) any advertisement in respect of which an offence under section 23(1),
is being or has been committed, may—
(i) in the case of premises other than a vehicle or vessel, enter and search any such premises;
(ii) in the case of a vehicle or vessel, stop, board, detain, enter and search any such vehicle or vessel.
(2) For the purposes of subsection (1), an authorized officer may—
(a) inspect, or cause to be inspected, any weighing or measuring equipment;
(b) examine the quantity of any goods and, where necessary, break open any container to establish the quantity of the contents;
(c) seize, remove and detain—
(i) any weighing or measuring equipment or goods with respect to which the authorized officer may have reasonable cause to believe that an offence referred to in subsection (1) is being or has been committed; or
(ii) any other thing which may appear to the authorized officer likely to be, or to contain, evidence of any such offence;
(d) require any person in possession or control of any weighing or measuring equipment or goods to furnish information relating to such equipment or goods as may be reasonably required for the purposes of this Ordinance.
(3) Where an authorized officer enters and searches any premises under subsection (1), he may arrest or detain for further enquiries any person found therein whom he reasonably suspects is committing or of having committed any offence referred to in that subsection.
(4) An authorized officer who arrests any person under subsection (3) shall forthwith take the person to a police station or, if in the opinion of that authorized officer further enquiries are necessary, first to an office of the Customs and Excise Department and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance (Cap. 232); but in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.
(5) If any person forcibly resists or attempts to evade arrest under subsection (3), the authorized officer may use such force as is reasonably necessary to effect the arrest.