Hong Kong Regulations

FOOD BUSINESS REGULATION - SECT 35

Offences and penalties

(Past version on 18/08/2006).
(Past version on 14/12/2001).
(Past version on 01/01/2000).
(Past version on 06/03/1998).
(Past version on 30/06/1997).

PART V

OFFENCES AND MISCELLANEOUS

(1) Any person who-

   (a)  contravenes any of the provisions of section 5(1), (2) or (3), 6, 7,
        7A, 8, 9, 10, 10A(1), 10B(1) or (2), 11, 12, 12A(1), 13, 14, 15A, 17,
        18, 19, 20, 21, 22, 23(1), 23A(1), 24(1) or (4), 25(2) or (3), 28, 29,
        30(1), (1A), (1C), (1E) or (1G), 30AA(1), 30A, 30B, 30C(1), 30D(1) or
        (2), 30F, 31(1), 34, 34A, 34B, 34C or 34D; (L.N. 121 of 1965; L.N. 247
        of 1972; 61 of 1976 s. 7; L.N. 218 of 1984; L.N. 291 of 1987; L.N. 495
        of 1993; L.N. 447 of 1994; L.N. 464 of 1994; L.N. 493 of 1995; L.N.
        561 of 1996; L.N. 171 of 1998; L.N. 220 of 2001; L.N. 265 of 2001;
        L.N. 169 of 2006; L.N. 185 of 2008)

   (b)  (Repealed L.N. 181 of 1978)

   (c)  being a person engaged in the course of any food business, in any
        food room or in any room in which food is served or in the handling of
        open food-

        (i)    fails to submit himself to medical examination when required to
               do so under section 24(2); or

        (ii)   fails to cease to work or to take part in any food business
               when required to do so by the provisions of that subsection,
               shall be guilty of an offence.

(2) In the event of any contravention of any of the provisions of section 15,
16 or 27, the licensee of the food business in relation to which the
contravention occurred shall be guilty of an offence.

(3) Any person who is guilty of an offence under this Regulation shall be
liable on summary conviction to a fine and imprisonment as follows and, where
the offence is a continuing offence, to an additional fine as follows for each
day during which it is proved to the satisfaction of the court that the
offence has continued-

   (a)  in the case of an offence under section 29, 30(1), 30A, 30D(1) or (2),
        30F or 31(1), a fine at level 5, imprisonment for 6 months and $900
        for each day as aforesaid; (L.N. 454 of 1995; L.N. 177 of 1996; L.N.
        171 of 1998; L.N. 220 of 2001; L.N. 265 of 2001; L.N. 169 of 2006;
        L.N. 185 of 2008)

   (aaa) in the case of an offence under section 30AA(1), a fine at level 5
        and imprisonment for 6 months; (L.N. 185 of 2008)

   (aa) in the case of an offence under section 30(1A), (1C), (1E) or

(1G), 30B or 30C(1), a fine at level 4; (L.N. 265 of 2001; L.N. 185 of 2008)

   (b)  in the case of any other offence mentioned in subsection (1) or

(2), or an offence under section 5(5), a fine at level 3, imprisonment for 3
months and $300 for each day as aforesaid. (L.N. 181 of 1978; L.N. 175 of
1980; L.N. 291 of 1987; L.N. 177 of 1996)

(10 of 1986 s. 32(2); 78 of 1999 s. 7)