Hong Kong Ordinances

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE - SECT 58

Power to call for information as to composition of substances used in the preparation of food and drugs

(Past version on 30/06/1997).

(1) The appropriate authority may, for the purpose of exercising the powers
conferred on that authority under sections 55 and 56, by order require any
person who at the date of the order or at any subsequent time carries on a
business which includes the production, importation, or use of substances of
any class specified in the order to furnish to such public officer as shall be
specified in the order, within such time as may be so specified, such
particulars as may be so specified of the composition and use of any such
substance sold in the course of that business for use in the preparation of
food for sale for human consumption or drugs for sale for use by man or used
for that purpose in the course of that business. (Amended 80 of 1997 s. 3; 78
of 1999 s. 7)

(2) Without prejudice to the generality of the provisions of subsection (1),
an order made thereunder may require the following particulars to be furnished
in respect of any substance, that is to say-

   (a)  particulars of the composition and the chemical nature of the
        substance;

   (b)  particulars of the manner in which the substance is used or proposed
        to be used in the preparation of food or drugs;

   (c)  particulars of any investigations carried out by or to the knowledge
        of the person carrying on the business in question, for the purpose of
        determining whether and to what extent the substance, or any product
        formed when the substance is used as aforesaid, is injurious to, or in
        any way affects, health;

   (d)  particulars of any investigations or inquiries carried out by or to
        the knowledge of the person carrying on the business in question for
        the purpose of determining the cumulative effect on the health of a
        person consuming or using the substance in ordinary quantities.

(3) No particulars furnished in accordance with an order made under the
provisions of subsection (1), and no information relating to any individual
business obtained by means of such particulars, shall, without the previous
consent in writing of the person carrying on the business in question, be
disclosed except-

   (a)  in accordance with the directions of the appropriate authority; and
        (Replaced 78 of 1999 s. 7)

   (b)  for the purposes of any proceedings for an offence against the order,
        or any report of those proceedings.

(4) Any person who discloses any particulars or information in contravention
of the provisions of subsection (3) shall be guilty of an offence.

(5) Any person who fails to comply with the requirements of any order made
under the provisions of subsection (1) shall be guilty of an offence.

(6) In this section any reference to "appropriate authority" is to be
construed according to subsection (7). (Added 78 of 1999 s. 7)

(7) The appropriate authority-

   (a)  under subsection (1), for powers conferred by sections 55 and 56 in
        relation to-

        (i)    food, is the Director of Food and Environmental Hygiene; and

        (ii)   drugs, is the Director of Health; and

   (b)  under subsection (3), for particulars and information relating to-

        (i)    food, is the Director of Food and Environmental Hygiene; and

        (ii)   drugs, is the Director of Health. (Added 78 of 1999 s. 7)

"appropriate authority"