- (b) the expiration of 1 year from the date of discovery of the offence
by the prosecuter, whichever is the earlier.
Offences by corporations. 20. Where a body corporate is convicted of an offence under this Ordinance, every person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
Offences due to fault of other person.
1968 c. 29. s. 23.
21. Where the commission by any person of an offence under this Ordinance is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.
Accessory to offences committed outside Hong Kong. 22. Subject to the provisions of this Ordinance. any person who, in Hong Kong, procures, counsels, aids, abets or is accessory to the commission outside Hong Kong of an act which, if committed in Hong Kong, would be an offence under this Ordinance, commits that offence as a principal and shall be liable to be prosecuted in Hong Kong as if the offence had been committed within Hong Kong.
Samples.
(Cap. 132.)
23. (1) Where any act or omission constitutes both an offence under this Ordinance and an offence under the Public Health and Urban Services Ordinance, evidence on behalf of the prosecution concerning any sample procured for analysis shall be admissible in proceedings in respect of the offence under this Ordinance if, but only if the provisions of section 63 of the Public Health and Urban Services Ordinance have been complied with.
(2) The Governor in Council may by regulations provide that in any proceedings for an offence under this Ordinance in relation to such goods as may be specified in the regulations (other than proceedings for an offence referred to in subsection (1)) evidence on behalf of the prosecution concerning any sample procured for analysis shall not be admissible unless the sample has been dealt with in such manner as may be specified in the regulations.
Evidence by certificate.
[cf. 1968 c. 29, s. 31.]
24. (1) The Governor in Council may by regulations provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to this section. be received in evidence of those matters in any proceedings under this Ordinance.
(2) Such a certificate shall not be received in evidence—
- (a) unless the party against whom it is to be given in evidence has been served with a copy thereof not less than 7 days before the hearing; or
- (b) if that party has, not less than 3 days before the hearing served on the other party a notice requiring the attendance of the person issuing the certificate.
(3) For the purposes of this section any document purporting to be such a certificate as is referred to in this section shall be deemed to be such a certificate unless the contrary is shown.
