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

71. Conditions under which warranty may be pleaded as defence
(1) Subject to the provisions of this section, in any proceedings for an offence under this Part, being an offence consisting of selling, or offering, exposing or advertising for sale or having in possession for the purpose of sale, any article or substance, it shall be a defence for the defendant to prove—
(a) that he purchased it as being an article or substance which could lawfully be sold or otherwise dealt with as aforesaid, or, as the case may be, could lawfully be sold or dealt with under the name or description or for the purpose under or for which he sold or dealt with it, and with a written warranty to that effect; and
(b) that he had no reason to believe at the time of the commission of the alleged offence that it was otherwise; and
(c) that it was then in the same state as when he purchased it.
(2) A warranty shall only be a defence in proceedings under this Part if—
(a) the defendant—
(i) has, not later than 3 clear days before the date of the hearing, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it; and
(ii) has also sent a like notice to that person; and
(b) in the case of a warranty given by a person resident outside Hong Kong, the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein. (Amended 10 of 1986 s. 24)
(3) Where the defendant is a servant or agent of the person who purchased the article or substance under a warranty, he shall be entitled to rely on the provisions of this section in the same way as his employer or principal would have been entitled to do if he had been the defendant.
(4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.
(5) For the purposes of this section and of section 72, a name or description entered in an invoice shall be deemed to be a written warranty that the article or substance to which the entry refers can be sold or otherwise dealt with under that name or description by any person without contravening any of the provisions of this Part.

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

72. Offences in relation to warranties or certificates of analysis
(1) A defendant who in any proceedings under this Part wilfully applies to any article or substance a warranty or certificate of analysis given in relation to any other article or substance shall be guilty of an offence.
(2) A person who, in respect of any article or substance sold by him, being an article or substance in respect of which a warranty might be pleaded under section 71, gives to the purchaser a false warranty in writing shall be guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained therein were accurate.

73. Sale, etc. by servants or agents
For the purpose of this Part, every person shall be deemed to sell, offer, expose or advertise for sale, or have in his possession for sale, any food for human consumption or drug for use by man, who sells, offers, exposes or advertises for sale, or has in his possession for sale, such food or drug either on his own account or as the servant or agent of some other person, and, where such person is the servant or agent of some other person, such other person shall, subject to the provisions of this Part, be under the same liability as if he had himself sold, exposed or advertised for sale, or had in his possession for sale, such food or drug.

74. Recovery of expenses incidental to taking of samples
(1) Where a person is convicted of an offence under this Part, the court may order that all expenses incidental to the taking of any sample or the making of any analysis or bacteriological or other examination of any food or drug in respect of which the conviction is obtained shall be paid by the person convicted. (Amended 59 of 1970 s. 4)
(2) All such expenses shall be recoverable in the same manner as a fine is recoverable.

75. Notification of convictions in newspapers
If any person is convicted of an offence under this Part relating to the sale or preparation for sale of any food for human consumption or drug for use by man, the Authority may cause to be published in any newspaper circulating in Hong Kong— (Amended 10 of 1986 s. 24)
(a) the name of the offender;
(b) the address (if any) of the place at which the offence was committed;
(c) the nature of the offence; and
(d) the fine, forfeiture or other penalty imposed.

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

76. Protection of informers
Save as otherwise provided in this section, no information laid in respect of any offence under this Part shall be admitted in evidence and no witness in any proceedings for an offence under this Part shall be obliged or permitted to disclose the name or address of any informer or state any matter which might lead to his discovery, and, if any books, documents or papers which are in evidence or liable to inspection in any such proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery, but no further:
Provided that, if the court after full inquiry into the case is satisfied that the informer wilfully made in his information a material statement which he knew or believed to be false, or did not believe to be true, or if it appears to the court that justice cannot otherwise fully be done, it shall be lawful for the court to require the production of the original information and permit inquiry and require full disclosure concerning the informer.

76A. Public slaughterhouses
(1) The Authority may, by order published in the Gazette, designate any premises as a public slaughterhouse. (Amended 9 of 1976 s. 7)
(2) The abattoirs specified in Schedule 1 to the Abattoirs Regulation (Cap. 132 sub. leg. A) shall be deemed to have been designated as public slaughterhouses. (Amended 78 of 1999 s. 7)
(Added 21 of 1973 s. 4. Amended E.R. 1 of 2013)

76B. Management of public slaughterhouses
The management and control of every public slaughterhouse shall be vested in the Authority.
(Added 21 of 1973 s. 4)