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59. Regulations

(1) The Secretary may make regulations—

(a) providing for any matters that are necessary for giving full effect to the purposes and provisions of this Ordinance;

(b) prohibiting, restricting or regulating the importation of food of a specified class; and

(c) generally for the better carrying out of the purposes and provisions of this Ordinance.

(2) Regulations made under subsection (1) may—

(a) make different provisions for different circumstances and provide for a particular case or class of cases;

(b) be made so as to apply only in the circumstances prescribed by the regulations;

(c) specify forms for the purposes of the regulations; and

(d) prescribe offences for contraventions of the regulations, punishable by a fine, imprisonment or both.

(3) The maximum fine that may be prescribed for an offence is level 6 and the maximum imprisonment is 6 months. In addition, in the case of a continuing offence, a further fine not exceeding $1,500 for each day during which the offence continues may be prescribed.

(4) Regulations made under subsection (1) may—

(a) empower a health officer to—

(i) permit the importation of food of a specified class subject to any conditions the health officer may specify;

(ii) require imported food of a specified class to be submitted or made available for inspection by a health inspector;

(iii) impose any conditions or issue any directions with regard to imported food of a specified class as may appear to the health officer desirable for the purpose of ensuring that the food is sound, wholesome or fit for human consumption; and

(b) prohibit the contravention of any condition, requirement or direction referred to in paragraph (a).

(5) In this section—

“health inspector” (衞生督察) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132);

“health officer” (衞生主任) has the meaning given by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132).