- (b) on a subsequent conviction, to a fine of $200,000 and to imprisonment for 1 year.
(2) Subsection (1) shall not apply if—
- (a) the conditions set out in regulation 125 of the Dangerous Goods (General) Regulations (Cap. 295 sub. leg. B) have been complied with in respect of the relevant installation in or on the premises referred to in that subsection; and
- (b) a licence for the storage of dangerous goods in liquid form in or on the premises has been granted or renewed under the Dangerous Goods Ordinance (Cap. 295).
(3) In proceedings relating to subsection (1), it is presumed in the absence of evidence to the contrary that a person has possession or control of a controlled substance in or on any premises for the purpose of a business of supplying the substance for transferring to the fuel tank of a motor vehicle if—
- (a) that person sells, offers for sale or supplies a controlled substance in or on the premises; and
- (b) that person does so in circumstances that gives rise to a reasonable belief that the controlled substance is to be transferred to the fuel tank of a motor vehicle.
(4) In this section, “controlled substance” (受管制物質) means dangerous goods in category 5 under the Dangerous Goods (Application and Exemption) Regulations (Cap. 295 sub. leg. A).
20. Liability of owners, tenants etc.
(1) A person who is the owner, tenant, occupier or person in charge of any premises commits an offence if the person knowingly permits or suffers an offence under section 19 to be committed in or on the premises.
(2) A person commits an offence if the person lets or agrees to let, whether as principal or agent of another person, any premises with the knowledge that an offence under section 19 is to be committed in or on the premises.
(3) A person who commits an offence under this section shall be liable on conviction to a fine at level 6 and to imprisonment for 6 months.
PART 4
Investigation Powers
21. Power to obtain personal particulars
(1) The Director, or a member authorized by the Director in writing on producing, if so required, the document showing the member’s authority, may require—
