WEIGHTS AND MEASURES ORDINANCE

WEIGHTS AND MEASURES ORDINANCE

LAWS OF HONG KONG

WEIGHTS AND MEASURES ORDINANCE

CHAPTER 68





CHAPTER 68

WEIGHTS AND MEASURES ORDINANCE

ARRANGEMENT OF SECTIONS
Section .......................Page
PART 1
PRELIMINARY

1. Short title and commencement .............. ... ... ... ... ... ... ... 3

2. Interpretation ............................ ... ... ... ... ... ... ... 3

3. Application .......................... ... ... ... ... ... ... ... ... 4
4. Appointment of authorized officers 4

5. Power of Governor to give directions ... ... ... ... ... ... ... ... ... 4

PART II
UNITS AND STANDARDS OF
MEASUREMENT

6..............Units of measurement .......... ... ... ... ... ... ... ... ... ... ... 5

7............................Declaration of equivalent units of measurements ... ... ... ... ... ... 5

8.........................Reference standards of weights and measures ... ... ... ... ... ... ... 5
9.........................Damaging or destroying reference standards ... ... ... ... ... ... ... 6

PART 111
WEIGHING OR MEASURING EQUIPMENT USED FOR TRADE

10................Meaning of 'use for trade' ... ... ... ... ... ... ... ... ... ... ... 6

11...........................Units of measurement lawful for use for trade ... ... ... ... ... ... 6

12................................Fraud in using for trade weighing or measuring equipment ... ... ... ... 7

13, Possession of unauthorized or false weighing or measuring equipment for use

for trade ................................ ... ... ... ... ... ... ... 7

14. Prohibition against manufacture or supply for use for trade of weighing or

measuring equipment ...................... ... ... ... ... ... ... 7

is.......................Non-application of certain provisions ... ... ... ... ... ... ... ... 7

PART IV
REGULATION OF TRADE TRANSACTIONS

16...........................Goods to be supplied by net weight or measure ... ... ... ... ... ... 7

17.......................Weighing or measuring of goods sold ... ... ... ... ... ... ... ... 8

18...........................False statements as to quantity of goods supplied .. ... ... ... ... ... 8
19.

1 Short weight or measure, etc . .............. 1 ... ... ... ... ... ... 8

20................................Reliance on warranty as defence to charge under section 19 ... ... ... ... 8

21. False warranty as to quantity of goods sold ... ... ... ... ... ... ... ... 10





Section ....... Page

22. Reliance on climatic influences as defence to charge under section 19 ... ... ... 10

23. Unauthorized advertisements ............. ... ... ... ... ... ... ... 10

PART V
ADMINISTRATI
ON

24...................Powers of entry, search, arrest, etc . ... ... ... ... ... ... ... ... ... 10

25. Restrictions upon exercise of powers of entry and search ... ... ... ... ... 11
26. Power to inspect weighing or measuring equipment, etc. ... ... ... ... ... 12

27..............................Powers of sale or disposal of perishable goods seized ... .... ... 12

PART VI
FORFEITUR
E

28...............................Forfeiture and disposal of certain equipment and goods ... ... ... ... ... 13

PART VII
MISCELLANEOU
S

29. Objections to decisions of Commissioner .... ... ... ... ... ... ... ... 14

30. Obstruction, etc . ...................... ... ... ... ... ... ... ... ... 14

31. Restriction on disclosure of source of complaint, etc . ... ... ... ... ... 15

32........Penalties ............................ ... ... ... ... ... ... ... ... ... is

33. Offences by agents or servants .......... ... ... ... ... ... ... ... ... 15

34. Name in which proceedings may be brought ... ... ... ... ... ... ... 16

35. Evidence by certificate .................... ... ... ... ... ... ... ... ... 16

36. Evidence of possession of equipment or goods, etc . ... ... ... ... ... ... 16

37. Regulations ................................ ... ... ... ... ... ... ... 17

38. Power of Commissioner to amend Schedules ... ... ... ... ... ... ... 18

39. Repeal...................................... ... ... ... ... ... ... ... 18

First Schedule..............Definitions of units of measurement ... ... ... ... ... ... ... 19
Second Schedule. Units of measurement and permitted symbols or abbreviations of

units of measurement lawful for use for trade ... ... ... 21

Third Schedule. Weights and measures which are lawful for use for trade ... ... ... 22





CHAPTER 68

WEIGHTS AND MEASURES

To make provision with respect to units and standards of measurement
and weighing or measuring equipment used for trade, to regulate
trade transactions regarding goods supplied by weight or
measure including pre-packed goods, and to provide for the
administration of this Ordinance, offences and the forfeiture of
weighing or measuring equipment and goods in the case of
certain contraventions; and for connected purposes.



PART 1

PRELIMINARY

1. (1) This Ordinance may be cited as the Weights and Measures
Ordinance.

(2) This Ordinance shall come into operation on a day to be
appointed by the Governor by notice in the Gazette and the Governor
may appoint different days for different provisions.

2. In this Ordinance, unless the context otherwise requires

,,authorized officer' means any public officer authorized by the
Commissioner of Customs and Excise under section 4;

,,authorized unit' means a unit of measurement specified in the Second
Schedule;

'Commissioner' means any of the following

(a) the Commissioner of Customs and Excise;

(b) any Deputy Commissioner of Customs and Excise;

(c) any Assistant Commissioner of Customs and Excise;

'container' means any form of packaging of goods for supply as a
single item, and includes a wrapper or confining band;

'inspection', in relation to weighing or measuring equipment, includes
the examination, testing, comparison and adjustment of it under this
Ordinance by an authorized officer;

,,occupier', in relation to any stall, vehicle or vessel or in relation to the
use of any building or place for any purpose, means the person for
the time being in charge of the stall, vehicle or vessel or, as the case
may be, the person for the time being using that building or place
for that purpose;

'premises' means any building, place, stall, vehicle or vessel;





'pre-packed' means made up for supply by way of retail trade in a
container, and 'pre-pack' shall be construed accordingly;

'quantity' includes mass or weight, length, width, height, area, volume,
capacity and number;

'reference standards' means the reference standards of weights and
measures maintained under section 8;

'to supply' includes

(a) to sell, or to agree to sell;

(b)to offer, advertise, have in possession, expose, transmit,
convey, deliver, make, prepare or 'pre-pack' for sale;

(c)to hire or to exchange, or dispose of for any consideration
whatsoever; or

(d)to transmit, convey or deliver in pursuance of a sale, hiring,
any exchange, or disposal for any consideration whatsoever;

'unit of measurement' means a unit of measurement of length, height,
width, area, volume, capacity, mass or weight;

'use for trade', in relation to any weighing or measuring equipment, has
the meaning assigned to it by section 10;

,'vehicle' means any conveyance used on land whether selfpropelled or
not;

'weighing or measuring equipment' means any equipment for measuring
in terms of quantity, whether or not the equipment is constructed to
give an indication of the measurement made or other information
determined by reference to that measurement.

3. (1) This Ordinance shall apply without prejudice to the
Metrication Ordinance and to any orders made under that Ordinance.

(2) Unless the Commissioner of Customs and Excise by order in the
Gazette so provides, this Ordinance shall not apply to the supply or
measurement of

(a) water, other than in a container; or

(b)the quantity of any goods, other than by mass or weight,
length, width, height, area, volume, capacity or number.

4. The Commissioner of Customs and Excise may authorize any
public officer to exercise or perform any function conferred or imposed
on the Commissioner or an authorized officer under any provision of this
Ordinance except sections 3, 7, 8 and 38.

5. (1) The Governor may give such directions as he thinks fit, either
generally or in any particular case, with respect to the exercise or
performance by the Commissioner or any authorized officer of any
function under this Ordinance.





(2) The Commissioner and every authorized officer shall, in the
exercise or performance of any function under this Ordinance, comply
with any directions given by the Governor under subsection (1).

PART II

UNITS AND STANDARDS OF
MEASUREMENT

6. (1) The metre shall be the unit of measurement of length and the
kilogram shall be the unit of measurement of mass or weight by reference
to which any measurement involving a measurement of length, or mass
or weight, as the case may be, shall be made in Hong Kong.

(2) The First Schedule shall have effect for defining, for the
purposes of measurements to be made in Hong Kong, the units of
measurement specified in that Schedule; and for the purposes of any
measurement of weight to be so made, the weight of any thing may be
expressed, by reference to the units of measurement set out in Part V of
that Schedule, in the same terms as its mass.

(3) The units of measurement and the permitted symbols or
abbreviations of the units of measurement specified in the Second
Schedule shall be lawful for use for trade in Hong Kong.

(4) The weights and measures specified in the Third Schedule shall
be lawful for use for trade in Hong Kong.

7. The Commissioner of Customs and Excise may, for the purposes
of this Ordinance, determine and declare by order in the Gazette the
equivalent of any unit of measurement expressed in any other unit of the
same quantity, and any equivalent so declared shall be deemed to be the
equivalent of the unit of measurement in question.

8. (1) The Commissioner of Customs and Excise may procure and
cause to be maintained reference standards of weights and measures,
which shall be the reference standards for the purposes of this
Ordinance, from which the accuracy of all other standards of
measurement used in Hong Kong is derived; and the value of each
reference standard, while it remains in use, shall be determined at such
intervals as the Commissioner of Customs and Excise considers
appropriate.

(2) The reference standards shall consist of such of the weights
and measures specified in the Third Schedule as the Commissioner of
Customs and Excise considers proper and sufficient, and a reference
standard of any linear, volume or capacity measure may

(a) be provided either as a separate standard or by means of
divisions marked on a standard of larger measure; and





(b)either be marked in whole or in part with subdivisions
representing any smaller unit of measurement or multiples,
submultiples or fractions of such a unit or have no such
markings.

(3) The reference standards shall be in the custody of the Director
of Industry or the Government Chemist who shall lodge them at a
Government laboratory.

9. Any person who falsifies, or wilfully or maliciously damages or
destroys, any reference standard commits an offence.

PART Ill

WEIGHING OR MEASURING EQUIPMENT USED FOR
TRADE

10. For the purposes of this Ordinance, the expression---usefor
trade', in relation to any weighing or measuring equipment, means its
use in connection with a transaction for

(a)determining the weight or measure of goods supplied by
weight or measure;

(b)computing the payment of any toll or duty on the basis of
weight or measure; or

(c)determining the weight or measure of any goods when a
charge is made for such determination.

11. (1) No person shall-

(a) use for trade-

(i) any unit of measurement; or

(ii) with intent to deceive, any symbol or abbreviation of a
unit of measurement,

which is not specified in the Second Schedule;

(b)use for trade, or have in his possession for use for trade, any
linear measure, square measure, cubic measure, capacity
measure or mass or weight measure which is not specified in
the Third Schedule.

(2) No person shall use for trade the metric carat unit of
measurement except for the purposes of transactions in precious stones
or pearls.

(3) No person shall use for trade the troy unit of measurement
except for the purposes of transactions in, or in articles made from, gold,
silver or other precious metals, including transactions in gold or silver
thread, lace or fringe.

(4) Subject to section 15, any person who contravenes any
provision of this section commits an offence.





12. If any fraud is committed in the using for trade of any weighing
or measuring equipment, the person committing the fraud and any other
person who is party thereto commits an offence.

13. (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
subsecton (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. 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. 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.

PART IV

REGULATION OF TRADE TRANSACTIONS

16. (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.

17. (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. (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. (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.

20. (1) Subject to this section, 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-





(a) that he purchased the goods from some other person-

(i) as being of the quantity which the person charged
purported to supply, or which was stated in any invoice or
similar document relating to the purchase of the pre- goods; or

(ii) as conforming with a statement marked on the container
of the pre-packed goods,

as the case may require;

(b)that he so purchased the goods with a warranty from that
other person that they were of that quantity or, as the case
may be, did so conform;

(c)that at the time of the commission of the offence he had no
reason to believe the statement contained in the warranty to
be inaccurate, that he did in fact believe in its accuracy and, if
the warranty was given by a person who at the time he gave it
was resident outside Hong Kong, that the person charged had
taken reasonable steps to check the accuracy of that
statement; and

(d)that he took all reasonable steps to ensure that, while in his
possession, the quantity of the goods remained unchanged.

(2) A warranty shall be a defence in any proceedings referred to in
subsection (1) if, but only if, not later than 3 days before the date of
hearing of the proceedings, the person charged sends to the person who
instituted the proceedings 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 by whom the warranty was given, and also sends a like notice to
that person.

(3) Where a person charged with an offence referred to in
subsection (1) is a servant of a person who, if he had been charged,
would have been entitled to rely on a warranty as a defence under this
section, subsection (1) shall have effect as if any reference (however
expressed) in paragraphs (a) to (d) thereof to the person charged were a
reference to his employer.

(4) Where in any proceedings referred to in subsection (1) the
person charged is acquitted because of a warranty given to him or to his
employer, any proceedings under section 21 in respect of the warranty
may be taken against the person who has given the warranty.

(5) The person by whom a warranty is alleged to have been given
shall be entitled to appear at the hearing of any proceedings referred to
in subsection (1) and to give evidence, and the magistrate may, if he
thinks fit, adjourn the hearing to enable him to do so.

(6) For the purposes of this section and section 21, 'warranty'
means an undertaking in writing, in whatever form, that a statement with
respect to the quantity of pre-packed goods which is contained in any
invoice or similar document relating to the goods, or marked on the
container of such goods, is accurate.





21. 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. 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. (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 adver-
tisements;

(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).

PART V

ADMINISTRATION

24. (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 sec-
tion 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; 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.

25. (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. (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.

27. (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.

PART VI

FORFEITURE

28. (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.

PART VII

MISCELLANEOUS

29. (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 14 days from the date when
the decision became known to him or within such further period as the
Governor may allow in any particular case, by notice in writing lodge an
objection to the decision with the Governor.

(2) On consideration of an objection lodged in accordance with
subsection (1), the Governor may confirm, vary or reverse the decision
or substitute therefor such other decision or make such other order as he
may think fit, and such decision or order of the Governor shall be
notified to the person who lodged the objection.

(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.

30. (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 of $20,000 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 of $20,000
and to imprisonment for 6 months.





31. (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 manu-
facturing 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.

32. (1) Any person who commits an offence under section 12
is liable to a fine of $20,000 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 of $20,000.

(3) Any person who commits an offence under section 19 or 31
is liable to a fine of $10,000.

(4) Any person who commits an offence under section 11, 14,
16, 17 or 23(1) is liable to a fine of $5,000.

33. (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. Without prejudice to any other Ordinance relating to the
prosecution of criminal offences or to the powers of the Attorney
General 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.

35. (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 (I)--

(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. (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).

37. (1) The Governor in Council may make regulations for the better
carrying out of the provisions of this Ordinance and in particular, but
without prejudice to the generality of the foregoing, such regulations
may provide for

(a)the principles, design, specification, markings, materials and
methods of construction of weighing or measuring equipment
used for trade;

(b)the purpose for which any particular types or classes of
weighing or measuring equipment may be used for trade;

(c)the amount of error which may be tolerated in weighing or
measuring equipment;

(d)the manner of siting, erecting or using weighing or measuring
equipment used for trade;

(e)the exemption of any class or classes of weighing or
measuring equipment from this Ordinance or any such
regulations;

the exemption of any goods or class of goods from this
Ordinance or any such regulations;

(g)the supply in the course of trade of certain prescribed goods
otherwise than by net weight or measure or by capacity;

(h)the marking on containers, with effect from a prescribed date,
in metric units of measurement (in addition to other authorized
units) of the quantity of prescribed goods supplied in
containers;

(i)the sale of prescribed goods in terms of weight, measure or
count;

(j)the method of marking weight or measure on pre-packed
goods;

(k)requiring that prescribed goods be supplied in the course of
trade in the quantities and in the manner prescribed;

(1)requiring that prescribed pre-packed goods be supplied in the
course of trade in containers marked with information, in the
manner prescribed, regarding the quantity of the goods and
the name and address of the packer;

(m)the manner in which information regarding the quantity of the
goods, or information regarding the packer, is to be marked on
a container of pre-packed goods;





(n)the amount of variation in the net weight of pre-packed goods
which may be tolerated;

(o)the particulars to be specified in an invoice or delivery note
relating to goods supplied by quantity;

(p)requiring that prescribed goods or prescribed class of goods
be supplied in the course of trade with the price marked by
reference to their price unit or units of measurement;

(q)requiring goods imported to comply with this Ordinance and
any such regulations;

(r)permitting the supply in the course of trade of any prescribed
goods by average quantity;

(s)the methods of statistical sampling and tolerances for any
class of goods whether or not supplied in the course of trade
by average quantity;

(t)the sizes, dimensions, capacity, fill and other specifications of
containers in which any prescribed goods shall be packed;

(u)the inspection, examination, analysis and testing of any goods
or samples thereof and the manner in which samples may be
taken;

(v)anything required or permitted to be prescribed under this
Ordinance.

(2) Regulations made under subsection (1) may make different
provisions for

(a) different classes or descriptions of goods;

(b) different quantities, grades or qualities of goods;

(c) different kinds of transactions.

(3) Regulations made under subsection (1) shall not come into
operation before the expiration of 3 months after the publication of the
regulations in the Gazette.

(4) Any regulation made under subsection (1) may provide that a
contravention thereof shall be an offence, and may provide a penalty for
such offence not exceeding $5,000 and imprisonment for 6 months.

(5) In subsection (1), 'prescribed' means prescribed in the
regulations made thereunder.

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

39. The Weights and Measures Ordinance is repealed.





FIRST SCHEDULE [s. 6(2).]

DEFINITIONS OF UNITS OF MEASUREMENT

PART 1
Measurement of Length
(a) Metric Units
1 kilometre =1000 metres
1 metre =the length of the path travelled by light in vacuum

during a time interval of 1/299792458 of a second

1 decimetre =0. 1 metre
1 centimetre =0.01 metre
1 millimetre =0.001 metre
(b) Imperial Units
1 mile =1 760 yards
1 furlong =220 yards
1 chain =22 yards
1 yard =0.914 4 metre exactly
1 foot =1/3 yard
1 inch =1/36 yard
(c) Chinese Units
1 chek =0.371475 metre
1 tsun =0.1 chek
1 fan =0.1 tsun
PART 11
Measurement of Area
(a) Metric Units
1 hectare =100 ares
1 are =100 square metres

1 square metre an area equal to that of a square each side of which
measures one metre
1 square decimetre =0.01 square metre
1 square centimetre =0.01 square decimetre
1 square millimetre =0.01 square centimetre
(b) Imperial Units
1 square mile =640 acres
1 acre =4 840 square yards
1 rood =1210 square yards
1 square yard an area equal to that of a square each side of which
measures one yard
1 square foot = 1/9 square yard
1 square inch = 1/144 square foot






PART Ill
Measurement of Volume

(a) Metric Units
1 cubic metre a volume equal to that of a cube each edge of which
measures one metre
1 cubic decimetre 0.001 cubic metre
1 cubic centimetre 0.00 1 cubic decimetre
1 litre a volume equal to that of a cubic decimetre
1 decilitre 0. 1 litre
1 centilitre 0.01 litre
1 millilitre 0.001 litre
(h) Imperial Units
1 cubic yard a volume equal to that of a cube each edge of which
measures one yard
1 cubic foot 1 cubic yard
27
1 cubic inch 1 cubic foot
1728
PART IV
Measurement of Capacity
(a) Metric Units
1 hectolitre 100 litres
1 litre a volume equal to that of a cubic decimetre
1 decilitre 0. 1 litre
1 centilitre 0.01 litre
1 millilitre 0.001 litre
(b) Imperial Units
1 gallon 4.546 09 cubic decimetres
1 quart 1 gallon
1 pint

-1 quart

1 gill 1 pint
1 fluid ounce 1 pint
20
PART V
Measurement of Mass or Weight
(a) Metric Units
1 tonne 1000 kilograms
1 kilogram a unit of mass equal to the international prototype of
the kilogram kept by the International Bureau of
Weights and Measures
1 gram 0.001 kilogram
1 metric carat 1 F,. 5
1 milligram 0.001 gram





(b) Imperial Units
1 ton 2 240 pounds
1 hundredweight 112 pounds
1 quarter 28 pounds
1 stone 14 pounds
1 pound 0.453 592 37 kilogram exactly
1 ounce 1 1 6 pound
1 dram 1 pound
256
1 grain 1 pound
7000
1 ounce troy 12 pound
17 5
(c) Chinese Units
1 picul (tam) 100 catties
1 catty (kan) 0.604 789 82 kilogram
1 tael (leung) 1 /1 6 catty
1 mace (tsin)1 catty
160
1 candareen (fan) 1 catty
1600

SECOND SCHEDULE [ss. 2, 6(3), 11 (1)
14.1

UNITS OF MEASUREMENT AND PERMITTED SYMBOLS

OR ABBREVIATIONS OF UNITS OF MEASUREMENT

LAWFUL FOR USE FOR TRADE

PART 1

Measurement of Length

Metric Units Imperial UnitsChinese Units

kilometre km mile chek
metre m chain tsun
centimetre cm yard ydfan
millimetre mm foot ft
inch in

PART 11

Measurement of Area

Metric Units Imperial Units
hectare ha square mile

acre

are a square yard yd2
square metre M2 square foot ft2
square decimetre dm2 square inch in'
square centimetre CM2
square millimetre MM2





PART Ill

Measurement of Volume

Metric Units Imperial Units

cubic metre M3 cubic yard yd3
cubic decimetre dM3 cubic foot ft3
cubic centimetre CM3 cubic inch in 3
litre L

PART IV

Measurement of Capacity

Metric Units Imperial Units

cubic metre M3 gallon gal
hectolitre hL quart qt
litre L pint pt
millilitre mL gill
fluid ounce fl. 0Z

PART V

Measurement of Mass or Weight

Metric Units Imperial UnitsChinese Units

tonne t ton picul
kilogram kg hundredweightcwt catty
gram 9 quarter qr tael
carat (metric) CM stone mace
milligram mg pound lb candareen
ounce 0Z
dram dr
grain gr
ounce, troy oz tr

THIRD SCHEDULE [ss. 6(4),8(2), 13(1) & 14.]

WEIGHTS AND MEASURES WHICH ARE
LAWFUL FOR USE FOR TRADE

PART I
Linear Measures

(a) Metric System
Measures of-
any multiple of 5 metres
5 metres 500 millimetres
3 metres 300 millimetres
2 metres 200 millimetres
1.5 metres 100 millimetres
1 metre 50 millimetres





(b) Imperial System
Measures of-
any multiple of 100 feet
100 feet 6 feet
66 feet 5 feet
50 feet 4 feet
33 feet 1 yard
20 feet 2 feet
10 feet 1 foot
8 feet 6 inches

(c) Chinese System

1 chek or any multiple thereof.

PART II

Square Measures

(a) Metric System
Measures of, or any multiple of, 1 square decimetre.

(b) Imperial System

Measures of, or any multiple of, 1 square foot.

PART 111

Cubic Measures

(a) Metric System

Measures of, or of any multiple of, 0. 1 cubic metre. Measures
ofany multiple of 10 litres 10 litres 5 litres 2 litres 1 litre

(b) Imperial System
Measures of, or of any multiple of, j cubic yard and 1 cubic foot.

PART IV

Capacity Measures

(a) Metric System
Measures of-
any multiple of 10 litres
10 litres 200 millilitres
5 litres 100 millilitres
2 litres 50 millilitres
1 litre 20 millilitres
500 millilitres 10 millilitres
5 millilitres
(b) Imperial System
Measures of-
any multiple of 5 gallons
5 gallons 8 fluid ounces
4 gallons 6 fluid ounces
2 gallons 1 gill
1 gallon 4 fluid ounces
j gallon j gill
1 quart 2 fluid ounces
1 pint j gill
1 pint 1 fluid ounce





PART V

Mass or Weight Measures

(a) Metric System

Weights ofany multiple of
20 kilograms

20 kilograms 2 grams
10 kilograms 1 gram
5 kilograms500 milligrams
2 kilograms200 milligrams
1 kilogram100 milligrams
500 grams 50 milligrams
200 grams 20 milligrams
100 grams 10 milligrams
50 grams 5 milligrams
20 grams 2 milligrams
10 grams 1 milligram
5 grams
Weights of-
500 carats (metric) 1 carat (metric)
200 carats (metric) 0.5 carat (metric)
100 carats (metric) 0.2 carat (metric)
50 carats (metric) 0. 1 carat (metric)
20 carats (metric) 0.05 carat (metric)
10 carats (metric) 0.02 carat (metric)
5 carats (metric) 0.01 carat (metric)
2 carats (metric)
(b) Imperial System
Weights of-
any multiple of 56 pounds
56 pounds dram
50 pounds100 grains
28 pounds 50 grains
20 pounds 30 grains
14 pounds 20 grains
10 pounds 10 grains
7 pounds 6 grains
5 pounds 5 grains
4 pounds 4 grains
2 pounds 3 grains
1 pound 2 grains
8 ounces 1 grain
4 ounces0.5 grain
2 ounces0.3 grain
1 ounce0.2 grain
8 drams0.1 grain
4 drams0.05 grain
2 drams0.03 grain
1 dram0.02 grain
0.01 grain







Weights of
500 ounces troy0.4 ounce troy
400 ounces troy0.3 ounce troy
300 ounces troy0.2 ounce troy
200 ounces troy0. 1 ounce troy
100 ounces troy0.05 ounce troy
50 ounces troy0.04 ounce troy
40 ounces troy0.03 ounce troy
30 ounces troy0.02 ounce troy
20 ounces troy0.01 ounce troy
10 ounces troy0.005 ounce troy
5 ounces troy0.004 ounce troy
4 ounces troy0.003 ounce troy
3 ounces troy0.002 ounce troy
2 ounces troy0.001 ounce troy
1 ounce troy
0.5 ounce troy
(c) Chinese System
Weights of-
any multiple of 10 catties
1 picul 40 taels
1/2 picul 30 taels
10 catties 20 taels
5 catties 10 taels
3 catties 8 taels
2 catties 5 taels
1 catty 4 taels
catty 3 taels
catty 2 taels
700 taels 1 tael
500 taels 5 mace
400 taels 3 mace
300 taels 2 mace
200 taels 1 mace
100 taels1 candareen
50 taels
Weights of- L.N. 344/88.
any multiples of 100 taels troy
100 taels troy 2 taels troy
50 taels troy 1 tael troy
40 taels troy 5 mace troy
30 taels troy 3 mace troy
20 taels troy 2 mace troy
10 taels troy 1 mace troy
8 taels troy 5 candareen troy
5 taels troy 3 candareen troy
4 taels troy 2 candareen troy
3 taels troy 1 candareen troy
Originally 54 of 1987. Short title and commencement. Interpretation. Second Schedule. Application. (Cap. 214.) Appointment of authorized officers. Power of Governor to give directions. Units of measurement. First Schedule. Second Schedule. Third Schedule. Declaration of equivalent units of measurements. Reference standards of weights and measures. Third Schedule. Damaging or destroying reference standards. Meaning of 'use for trade'. Units of measurement lawful for use for trade. Second Schedule. Third Schedule. Fraud in using for trade weighing or measuring equipment. Possession of unauthorized or false weighing or measuring equipment for use for trade. Prohibition against manufacture or supply for use for trade of weighing or measuring equipment. Second Schedule. Third Schedule. Non-application of certain provisions. Goods to be supplied by net weight or measure. Weighing or measuring of goods sold. False statements as to quantity of goods supplied. Short weight or measure, etc. Reliance on warranty as defence to charge under section 19. False warranty as to quantity of goods sold. Reliance on climatic influences as defence to charge under section 19. Unauthorized advertisements. Powers of entry, search, arrest, etc. (Cap. 232.) Restrictions upon exercise of powers of entry and search. Power to inspect weighing or measuring equipment, etc. Powers of sale or disposal of perishable goods seized. Forfeiture and disposal of certain equipment and goods. Objections to decisions of Commissioner. Obstruction, etc. Restriction on disclosure of source of complaint, etc. Penalties. Offences by agents or servants. Name in which proceedings may be brought. Evidence by certificate. Evidence of possession of equipment or goods, etc. Regulations. Power of Commissioner to amend Schedules. Repeal. (Cap. 51.) L.N. 344/88.

Originally 54 of 1987. Short title and commencement. Interpretation. Second Schedule. Application. (Cap. 214.) Appointment of authorized officers. Power of Governor to give directions. Units of measurement. First Schedule. Second Schedule. Third Schedule. Declaration of equivalent units of measurements. Reference standards of weights and measures. Third Schedule. Damaging or destroying reference standards. Meaning of 'use for trade'. Units of measurement lawful for use for trade. Second Schedule. Third Schedule. Fraud in using for trade weighing or measuring equipment. Possession of unauthorized or false weighing or measuring equipment for use for trade. Prohibition against manufacture or supply for use for trade of weighing or measuring equipment. Second Schedule. Third Schedule. Non-application of certain provisions. Goods to be supplied by net weight or measure. Weighing or measuring of goods sold. False statements as to quantity of goods supplied. Short weight or measure, etc. Reliance on warranty as defence to charge under section 19. False warranty as to quantity of goods sold. Reliance on climatic influences as defence to charge under section 19. Unauthorized advertisements. Powers of entry, search, arrest, etc. (Cap. 232.) Restrictions upon exercise of powers of entry and search. Power to inspect weighing or measuring equipment, etc. Powers of sale or disposal of perishable goods seized. Forfeiture and disposal of certain equipment and goods. Objections to decisions of Commissioner. Obstruction, etc. Restriction on disclosure of source of complaint, etc. Penalties. Offences by agents or servants. Name in which proceedings may be brought. Evidence by certificate. Evidence of possession of equipment or goods, etc. Regulations. Power of Commissioner to amend Schedules. Repeal. (Cap. 51.) L.N. 344/88.

https://oelawhk.lib.hku.hk/items/show/2374

1964

v6

68

26