Page:Food Safety Ordinance (Cap. 612).pdf/33

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FOOD SAFETY ORDINANCE
Ord. No. 5 of 2011
A313


49. Power of arrest in certain cases

(1) If an authorized officer reasonably suspects that a person has committed or is committing an offence under an enactment specified in Schedule 5, the authorized officer may arrest the person without a warrant.

(2) If a person forcibly resists the attempt of an authorized officer to arrest him or her or attempts to evade arrest, the authorized officer may use all reasonable means necessary to make the arrest.

(3) If an authorized officer arrests a person under this section, the authorized officer must immediately take the person to the nearest police station or hand the person over to the custody of a police officer, to be dealt with in accordance with the Police Force Ordinance (Cap. 232).

50. Disposal of certain property

(1) If the Director or an authorized officer comes into possession of any property under this Ordinance, section 102 of the Criminal Procedure Ordinance (Cap. 221) applies as if—

(a) the Director or authorized officer were the police within the meaning of that section; and
(b) the property were property that had come into the possession of the police in connection with an offence.

(2) Subsection (1) does not apply if the manner of disposal of the property is provided for by another provision of this Ordinance.

Division 4—Offences

51. Offences committed by bodies corporate

(1) If an offence under this Ordinance by a body corporate is proved to have been committed with the consent or connivance of an officer of the body corporate, the officer also commits the offence and is liable to be proceeded against and punished accordingly.

(2) In this section—

“officer” (人員), of a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body corporate;
(b) a person purporting to act in the capacity of a person referred to in paragraph (a); or
(c) if the affairs of the body corporate are managed by its members, a member of the body corporate who is concerned in the management of the body corporate.