Dutiable Commodities (Amendment) Ordinance 2018
Part 3
Ord. No. 10 of 2018
Section 7
A629
- 40. Burden of proof for defences
- A person charged with an offence under regulation 37 is taken to have established a fact that needs to be established for a defence under regulation 38 or 39 if—
- (a) there is sufficient evidence to raise an issue with respect to the fact; and
- (b) the contrary is not proved by the prosecution beyond reasonable doubt.
- 41. Notice requirement for face-to-face distribution
- (1) Subject to paragraphs (2) and (3), a person who, in the course of business—
- (a) sells or supplies intoxicating liquor in a face-toface distribution at a place; or
- (b) offers to do so,
- must ensure a sign containing both the Chinese version and English version of the prescribed notice is displayed in a prominent position at the place.
- (2) The sign must be rectangular in shape with sides of at least 38 cm in length and 20 cm in width.
- (3) The prescribed notice contained in the sign must—
- (a) be in plain and readily legible characters and letters; and
- (b) be set out in characters and letters of a colour that contrasts with the background on which they appear.
- (4) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 4.
