Cap. 68 - Weights and Measures Ordinance

To make provision with respect to units and standards of measurement and weighing or measuring equipment used for trade, to regulate trade transactions regarding goods supplied by weight or measure including pre-packed goods, and to provide for the administration of this Ordinance, offences and the forfeiture of weighing or measuring equipment and goods in the case of certain contraventions; and for connected purposes. [1 January 1989] L.N. 351 of 1988(Format changes—E.R. 3 of 2022) Part I Preliminary 1. Short title This Ordinance may be cited as the Weights and Measures Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—authorized officer (獲授權人員) means any public officer authorized by the Commissioner of Customs and Excise under section 4;authorized unit (認可單位) means a unit of measurement specified in the Second Schedule; Commissioner (關長) means any of the following— (Amended 65 of 2000 s. 3) (a) the Commissioner of Customs and Excise; (b) any Deputy Commissioner of Customs and Excise; (c) any Assistant Commissioner of Customs and Excise; container (容器) means any form of packaging of goods for supply as a single item, and includes a wrapper or confining band;inspection (檢查), in relation to weighing or measuring equipment, includes the examination, testing, comparison and adjustment of it under this Ordinance by an authorized officer;occupier (佔用人), in relation to any stall, vehicle or vessel or in relation to the use of any building or place for any purpose, means the person for the time being in charge of the stall, vehicle or vessel or, as the case may be, the person for the time being using that building or place for that purpose;premises (處所) means any building, place, stall, vehicle or vessel;pre-packed (經預先包裝) means made up for supply by way of retail trade in a container, and pre-pack shall be construed accordingly;quantity (數量) includes mass or weight, length, width, height, area, volume, capacity and number;reference standards (參照標準) means the reference standards of weights and measures maintained under section 8; to supply (供應) includes— (a) to sell, or to agree to sell; (b) to offer, advertise, have in possession, expose, transmit, convey, deliver, make, prepare or pre-pack for sale; (c) to hire or to exchange, or dispose of for any consideration whatsoever; or (d) to transmit, convey or deliver in pursuance of a sale, hiring, any exchange, or disposal for any consideration whatsoever; unit of measurement (計量單位) means a unit of measurement of length, height, width, area, volume, capacity, mass or weight;use for trade (作商業用途), in relation to any weighing or measuring equipment, has the meaning assigned to it by section 10;vehicle (車輛) means any conveyance used on land whether self-propelled or not;weighing or measuring equipment (度量衡器具) means any equipment for measuring in terms of quantity, whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement. 3. Application (1) This Ordinance shall apply without prejudice to the Metrication Ordinance (Cap. 214) and to any orders made under that Ordinance.(2) Unless the Commissioner of Customs and Excise by order in the Gazette so provides, this Ordinance shall not apply to the supply or measurement of—(a) water, other than in a container; or(b) the quantity of any goods, other than by mass or weight, length, width, height, area, volume, capacity or number. 4. Appointment of authorized officers The Commissioner of Customs and Excise may authorize any public officer to exercise or perform any function conferred or imposed on the Commissioner or an authorized officer under any provision of this Ordinance except sections 3, 7, 8 and 38. 5. Power of Chief Executive to give directions (1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Commissioner or any authorized officer of any function under this Ordinance.(2) The Commissioner and every authorized officer shall, in the exercise or performance of any function under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).(Amended 65 of 2000 s. 3) Part II Units and Standards of Measurement 6. Units of measurement (1) The metre shall be the unit of measurement of length and the kilogram shall be the unit of measurement of mass or weight by reference to which any measurement involving a measurement of length, or mass or weight, as the case may be, shall be made in Hong Kong.(2) The First Schedule shall have effect for defining, for the purposes of measurements to be made in Hong Kong, the units of measurement specified in that Schedule; and for the purposes of any measurement of weight to be so made, the weight of any thing may be expressed, by reference to the units of measurement set out in Part V of that Schedule, in the same terms as its mass.(3) The units of measurement and the permitted symbols or abbreviations of the units of measurement specified in the Second Schedule shall be lawful for use for trade in Hong Kong.(4) The weights and measures specified in the Third Schedule shall be lawful for use for trade in Hong Kong. 7. Declaration of equivalent units of measurements The Commissioner of Customs and Excise may, for the purposes of this Ordinance, determine and declare by order in the Gazette the equivalent of any unit of measurement expressed in any other unit of the same quantity, and any equivalent so declared shall be deemed to be the equivalent of the unit of measurement in question. 8. Reference standards of weights and measures (1) The Commissioner of Customs and Excise may procure and cause to be maintained reference standards of weights and measures, which shall be the reference standards for the purposes of this Ordinance, from which the accuracy of all other standards of measurement used in Hong Kong is derived; and the value of each reference standard, while it remains in use, shall be determined at such intervals as the Commissioner of Customs and Excise considers appropriate.(2) The reference standards shall consist of such of the weights and measures specified in the Third Schedule as the Commissioner of Customs and Excise considers proper and sufficient, and a reference standard of any linear, volume or capacity measure may—(a) be provided either as a separate standard or by means of divisions marked on a standard of larger measure; and(b) either be marked in whole or in part with subdivisions representing any smaller unit of measurement or multiples, submultiples or fractions of such a unit or have no such markings.(3) The reference standards shall be in the custody of the Commissioner for Innovation and Technology or the Government Chemist who shall lodge them at a Government laboratory. (Amended L.N. 356 of 1991; L.N. 218 of 2000) 9. Damaging or destroying reference standards Any person who falsifies, or wilfully or maliciously damages or destroys, any reference standard commits an offence. Part III Weighing or Measuring Equipment Used for Trade 10. Meaning of use for trade For the purposes of this Ordinance, the expression use for trade (作商業用途), in relation to any weighing or measuring equipment, means its use in connection with a transaction for—(a) determining the weight or measure of goods supplied by weight or measure;(b) computing the payment of any toll or duty on the basis of weight or measure; or(c) determining the weight or measure of any goods when a charge is made for such determination. 11. Units of measurement lawful for use for trade (1) No person shall—(a) use for trade—(i) any unit of measurement; or(ii) with intent to deceive, any symbol or abbreviation of a unit of measurement,which is not specified in the Second Schedule;(b) use for trade, or have in his possession for use for trade, any linear measure, square measure, cubic measure, capacity measure or mass or weight measure which is not specified in the Third Schedule.(2) No person shall use for trade the metric carat unit of measurement except for the purposes of transactions in precious stones or pearls.(3) No person shall use for trade the troy unit of measurement except for the purposes of transactions in, or in articles made from, gold, silver or other precious metals, including transactions in gold or silver thread, lace or fringe.(4) Subject to section 15, any person who contravenes any provision of this section commits an offence. 12. Fraud in using for trade weighing or measuring equipment If any fraud is committed in the using for trade of any weighing or measuring equipment, the person committing the fraud and any other person who is party thereto commits an offence. 13. Possession of unauthorized or false weighing or measuring equipment for use for trade (1) Subject to subsection (2) and section 15, any person who uses for trade or has in his possession for use for trade—(a) any weighing or measuring equipment which is constructed or adapted to indicate any unit of measurement other than an authorized unit;(b) any weighing or measuring equipment which is false or defective,commits an offence.(2) Without prejudice to liability to forfeiture under section 28, it shall be a defence for any person charged with an offence under subsection (1)(b) in respect of the use for trade of any weighing or measuring equipment to show that—(a) he used the equipment only in the course of his employment by some other person; and(b) he did not know and could not reasonably have been expected to know that the equipment was false or defective. 14. Prohibition against manufacture or supply for use for trade of weighing or measuring equipment Subject to section 15, any person who manufactures or supplies for use for trade any weighing or measuring equipment which—(a) is false or defective; or(b) does not comply with the Second Schedule or the Third Schedule,commits an offence. 15. Non-application of certain provisions Sections 11, 13(1)(a) and 14(b) shall not apply to any goods or weighing or measuring equipment intended for export or re-export to any place outside Hong Kong where a system of units of measurement other than that prescribed by this Ordinance is used. Part IV Regulation of Trade Transactions 16. Goods to be supplied by net weight or measure (1) Except where otherwise provided under this Ordinance, no person shall in the course of trade supply any goods by weight or measure otherwise than by net weight or measure.(2) No person shall in the course of trade supply any pre-packed goods by weight or measure unless the net weight or measure of the goods in an authorized unit is legibly marked upon the outside of the container, or upon a label firmly attached thereto; but this subsection shall not apply to goods—(a) which are supplied by any sack, bag or other type of container in respect of which a weight in an authorized unit is prescribed; or(b) which are exempt from this subsection by regulations made under this Ordinance.(3) Any person who contravenes subsection (1) or (2) commits an offence. 17. Weighing or measuring of goods sold (1) Subject to subsections (2) and (3), a person who in the course of trade weighs or measures goods for sale shall, if he weighs or measures the goods in the presence of the purchaser, give the purchaser a clear and unrestricted view of—(a) all the operations connected with the weighing or measuring of the goods;(b) the weighing or measuring equipment used for ascertaining the weight or measure of the goods; and(c) the weight or measure indicated by the weighing or measuring equipment used for ascertaining the weight or measure of the goods.(2) A person who in the course of trade sells by weight or measure goods which are pre-packed by him shall, if the purchaser is present and so requests, weigh or measure the goods in accordance with subsection (1).(3) Where a person in the course of trade sells goods, other than pre-packed goods, by weight or measure and the goods are not weighed or measured in the presence of the purchaser, the seller shall deliver with the goods or send forthwith to the purchaser a delivery note or invoice showing the net weight or measure of the goods.(4) Any person who contravenes any provision of this section commits an offence. 18. False statements as to quantity of goods supplied (1) No person who supplies goods in the course of trade shall make any statement, whether orally or in writing or otherwise, which he knows to be false or misleading as to a material particular regarding the quantity of the goods supplied.(2) Any person who contravenes this section commits an offence. 19. Short weight or measure, etc. (1) No person shall in the course of trade supply, or cause to be supplied, to another person any goods by weight, measure or number short of the quantity purporting to be supplied or less than that which corresponds to the price charged for those goods.(2) Any person who contravenes this section commits an offence. 20. Reliance on warranty as defence to charge under section 19 (1) Subject to this section, in any proceedings for an offence under section 19 relating to pre-packed goods, it shall be a defence for the person charged to prove—(a) that he purchased the goods from some other person—(i) as being of the quantity which the person charged purported to supply, or which was stated in any invoice or similar document relating to the purchase of the pre-packed goods; or(ii) as conforming with a statement marked on the container of the pre-packed goods,as the case may require;(b) that he so purchased the goods with a warranty from that other person that they were of that quantity or, as the case may be, did so conform;(c) that at the time of the commission of the offence he had no reason to believe the statement contained in the warranty to be inaccurate, that he did in fact believe in its accuracy and, if the warranty was given by a person who at the time he gave it was resident outside Hong Kong, that the person charged had taken reasonable steps to check the accuracy of that statement; and(d) that he took all reasonable steps to ensure that, while in his possession, the quantity of the goods remained unchanged.(2) A warranty shall be a defence in any proceedings referred to in subsection (1) if, but only if, not later than 3 days before the date of hearing of the proceedings, the person charged sends to the person who instituted the proceedings a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person by whom the warranty was given, and also sends a like notice to that person.(3) Where a person charged with an offence referred to in subsection (1) is a servant of a person who, if he had been charged, would have been entitled to rely on a warranty as a defence under this section, subsection (1) shall have effect as if any reference (however expressed) in paragraphs (a) to (d) thereof to the person charged were a reference to his employer.(4) Where in any proceedings referred to in subsection (1) the person charged is acquitted because of a warranty given to him or to his employer, any proceedings under section 21 in respect of the warranty may be taken against the person who has given the warranty.(5) The person by whom a warranty is alleged to have been given shall be entitled to appear at the hearing of any proceedings referred to in subsection (1) and to give evidence, and the magistrate may, if he thinks fit, adjourn the hearing to enable him to do so.(6) For the purposes of this section and section 21, warranty (保證書) means an undertaking in writing, in whatever form, that a statement with respect to the quantity of pre-packed goods which is contained in any invoice or similar document relating to the goods, or marked on the container of such goods, is accurate. 21. False warranty as to quantity of goods sold Any person who in the course of trade sells goods in respect of which a warranty may be relied on under section 20 and gives to the purchaser a false warranty commits an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained therein were, and would continue at all relevant times to be, accurate. 22. Reliance on climatic influences as defence to charge under section 19 In any proceedings for an offence under section 19 relating to pre-packed goods, it shall be a defence for the person charged to prove that—(a) the quantity of such goods is subject to variation by reason of climatic influences; and(b) the net quantity of the goods when packed was marked on the container and the marking appeared on the container at the time of supply. 23. Unauthorized advertisements (1) Any person who, for the purpose of supplying any goods in the course of trade in Hong Kong, publishes in any advertisement any unit of measurement that is not an authorized unit commits an offence.(2) It shall be a defence to a charge under subsection (1) if the person charged proves that—(a) he is a person whose business it is to publish advertisements;(b) he received the advertisement for publication in the ordinary course of business; and(c) he did not know and had no reason to suspect that the publication of the advertisement would constitute an offence under subsection (1). Part V Administration 24. Powers of entry, search, arrest, etc. (1) Where a warrant is issued under section 25, an authorized officer, if he has reasonable cause to believe that there is in or on any premises—(a) any weighing or measuring equipment, or unit of measurement, in respect of which an offence under section 11, 12, 13(1) or 14;(b) any goods supplied or intended to be supplied in the course of trade in respect of which an offence under section 16, 17 or 19; or(c) any advertisement in respect of which an offence under section 23(1),is being or has been committed, may—(i) in the case of premises other than a vehicle or vessel, enter and search any such premises;(ii) in the case of a vehicle or vessel, stop, board, detain, enter and search any such vehicle or vessel.(2) For the purposes of subsection (1), an authorized officer may—(a) inspect, or cause to be inspected, any weighing or measuring equipment;(b) examine the quantity of any goods and, where necessary, break open any container to establish the quantity of the contents;(c) seize, remove and detain—(i) any weighing or measuring equipment or goods with respect to which the authorized officer may have reasonable cause to believe that an offence referred to in subsection (1) is being or has been committed; or(ii) any other thing which may appear to the authorized officer likely to be, or to contain, evidence of any such offence;(d) require any person in possession or control of any weighing or measuring equipment or goods to furnish information relating to such equipment or goods as may be reasonably required for the purposes of this Ordinance.(3) Where an authorized officer enters and searches any premises under subsection (1), he may arrest or detain for further enquiries any person found therein whom he reasonably suspects is committing or of having committed any offence referred to in that subsection.(4) An authorized officer who arrests any person under subsection (3) shall forthwith take the person to a police station or, if in the opinion of that authorized officer further enquiries are necessary, first to an office of the Customs and Excise Department and then to a police station, there to be dealt with in accordance with the provisions of the Police Force Ordinance (Cap. 232); but in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.(5) If any person forcibly resists or attempts to evade arrest under subsection (3), the authorized officer may use such force as is reasonably necessary to effect the arrest. 25. Restrictions upon exercise of powers of entry and search (1) Subject to section 26, no premises shall be entered and searched by an authorized officer unless—(a) a magistrate has issued a warrant under subsection (2); and(b) it is necessary to do so for the purpose of investigating, or in order to prevent the commission of, an offence referred to in section 24(1).(2) Subject to subsection (1)(b), a magistrate may, if he is satisfied by information on oath that there is reasonable cause to believe that there is in any premises any thing which may be seized under section 24, issue a warrant authorizing an authorized officer to enter and search the premises.(3) An authorized officer authorized under subsection (2) to enter and search any premises may call upon any other person to assist him in entering and searching the premises.(4) No vessel which has a tonnage exceeding 250 gross registered tons shall be detained under section 24(1) for more than 12 hours without the consent of the Commissioner, who may, by order in writing under his hand, detain such a vessel for further periods of not more than 12 hours each.(5) Any order made by the Commissioner under subsection (4) shall state the times from which and for which the order shall be effective and shall be served by an authorized officer on the owner or master of the vessel. 26. Power to inspect weighing or measuring equipment, etc. (1) An authorized officer may inspect, or cause to be inspected, any weighing or measuring equipment used or appearing to him to be used or intended for use in the selling by retail of any goods in the course of trade.(2) An authorized officer may—(a) enter any premises other than domestic premises at any reasonable time for the purposes of inspection under subsection (1); and(b) require the person in possession or control of any weighing or measuring equipment that is inspected to give his name and address.(3) Where an authorized officer has reasonable cause to believe that an offence under this Ordinance has been committed and that any weighing or measuring equipment inspected under subsection (1) may be required as evidence in proceedings for the offence, he may seize and detain it. 27. Powers of sale or disposal of perishable goods seized (1) Subject to subsection (4), the Commissioner may sell or otherwise dispose of, in such manner as he sees fit, any goods of a perishable nature seized under section 24.(2) Where any goods are sold under subsection (1), the Commissioner may deduct from the proceeds of sale any reasonable expenses or disbursements incurred in respect of the seizure, detention and sale.(3) The proceeds of sale less any expenses or disbursements deducted under subsection (2)—(a) may, if the owner of the goods sold is known or becomes known before the expiration of 6 months from the date of sale, be paid to the owner or his authorized agent;(b) shall, in any case where paragraph (a) does not apply, be paid into the general revenue after the expiration of 6 months from the date of sale.(4) Notwithstanding subsection (1), if goods to which this section applies are of no appreciable value or of value so small in the opinion of the Commissioner as to render impractical the sale thereof, the Commissioner may cause the goods to be destroyed or otherwise disposed of in such manner as he sees fit.(5) The powers conferred on the Commissioner under this section may be exercised whether or not any person has been charged or convicted of any offence under this Ordinance. Part VI Forfeiture 28. Forfeiture and disposal of certain equipment and goods (1) All weighing or measuring equipment or goods seized under this Ordinance shall be liable to forfeiture, whether or not any person has been convicted of an offence in respect of the equipment or goods.(2) Where weighing or measuring equipment or goods are detained under this Ordinance, the Commissioner may at any time release such equipment or goods to the person who appears to him to be the owner thereof or his authorized agent subject to any such condition as the Commissioner may specify in writing.(3) Where any weighing or measuring equipment or goods detained under this Ordinance have not been released under subsection (2), the Commissioner may, whether in the same proceedings where an offence is prosecuted or in other proceedings under this Ordinance relating to that equipment or goods, apply to a magistrate for the forfeiture of the equipment or goods.(4) If, on the hearing of an application under subsection (3), the magistrate is satisfied that the weighing or measuring equipment or goods are liable to forfeiture, the magistrate may order that the equipment or goods—(a) be forfeited;(b) be destroyed; or(c) be delivered to the owner thereof or his authorized agent subject to any such condition as the magistrate may specify in the order.(5) Where under subsection (3) an application is made to a magistrate for the forfeiture of weighing or measuring equipment or goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the equipment or goods or his authorized agent, unless the owner or his authorized agent has indicated in writing to the Commissioner that such notification is not required; but if there is more than one owner of the equipment or goods, it shall be sufficient for the purposes of this subsection to give notice to one such owner or his authorized agent, unless one such owner or his authorized agent has indicated that such notification is not required. Part VII Miscellaneous 29. Objections to decisions of Commissioner (1) Any person aggrieved by a decision of the Commissioner or an authorized officer which is taken in the exercise or performance of any function under this Ordinance may, within 28 days from the date when the decision became known to him, appeal to the Administrative Appeals Board. (Replaced 6 of 1994 s. 40)(2) (Repealed 6 of 1994 s. 40)(3) This section shall not apply in relation to the exercise or performance of any function by the Commissioner or an authorized officer under this Ordinance in compliance with an order or other decision of a court or magistrate. 30. Obstruction, etc. (1) Any person who—(a) obstructs the Commissioner or an authorized officer in the exercise or performance of any function under this Ordinance;(b) without reasonable excuse fails to comply with any requirement, direction or demand given or made by the Commissioner or an authorized officer in the exercise or performance of any such function; or(c) without reasonable excuse fails to supply information which an authorized officer may reasonably require of him under section 24(2)(d),commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.(2) Any person who—(a) knowingly makes a false report, or(b) furnishes any false or misleading information,to the Commissioner or an authorized officer performing any function under this Ordinance commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.(Amended E.R. 3 of 2022) 31. Restriction on disclosure of source of complaint, etc. (1) Subject to subsection (3), the Commissioner or an authorized officer shall not disclose to any person, other than another public officer in the course of official duty, the name or identity of any person who has made a complaint—(a) alleging a contravention of this Ordinance; or(b) as a result of which a contravention of this Ordinance has come to his notice or to the notice of any other authorized officer,without the consent of the person who made the complaint.(2) Subject to subsection (3), where, arising out of, or in connection with, the enforcement of this Ordinance, any manufacturing or commercial secret, or any working process, comes to the knowledge of the Commissioner or an authorized officer, the Commissioner or authorized officer shall not at any time, even when he is no longer a public officer or an authorized officer, disclose such secret or process to any person.(3) Where in any proceedings a magistrate considers that justice so requires, the magistrate may order the disclosure of—(a) the name or identity of any person who has made any complaint referred to in subsection (1); or(b) any secret or process referred to in subsection (2).(4) Any person who contravenes subsection (1) or (2) commits an offence. 32. Penalties (1) Any person who commits an offence under section 12 is liable to a fine at level 4 and to imprisonment for 6 months.(2) Any person who commits an offence under section 9, 13(1), 18 or 21 is liable to a fine at level 4.(3) Any person who commits an offence under section 19 or 31 is liable to a fine at level 3.(4) Any person who commits an offence under section 11, 14, 16, 17 or 23(1) is liable to a fine at level 2.(Amended E.R. 3 of 2022) 33. Offences by agents or servants (1) Subject to subsection (2), in any case where goods are supplied in the course of trade, or any weight, measure, or weighing or measuring equipment is used for trade, in contravention of this Ordinance by any person as manager, agent or servant—(a) such person; and(b) his principal or employer,commits the same offence and is liable to the penalty for that offence under this Ordinance.(2) Without prejudice to liability to forfeiture under section 28, it shall be a defence for any principal or employer charged with an offence under subsection (1) to show that—(a) the contravention was committed by his manager, agent or servant without the consent or connivance of the principal or employer; and(b) all reasonable steps were taken by the principal or employer to prevent the contravention. 34. Name in which proceedings may be brought Without prejudice to any other Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Commissioner of Customs and Excise.(Amended L.N. 362 of 1997) 35. Evidence by certificate (1) In any proceedings for an offence under this Ordinance, a certificate purporting to be signed—(a) by an authorized officer or a public officer working in a Government laboratory and certifying that the goods specified in the certificate were weighed, measured or counted by him on a particular date and were of a particular weight, measure or count;(b) by an authorized officer and certifying the degree of accuracy of any weighing or measuring equipment used for trade that was tested by him on a particular date;(c) by a public officer in charge of a Government laboratory and certifying the degree of accuracy of any weighing or measuring equipment or any working and field standard that was tested by him at the said laboratory on a particular date,shall be admitted in evidence before any magistrate on its production without further proof.(2) On the production of a certificate under subsection (1)—(a) the magistrate before whom it is produced shall, until the contrary is proved, presume that the certificate was signed by the public officer and at the time specified therein; and(b) the certificate shall be prima facie evidence of all the matters contained therein. 36. Evidence of possession of equipment or goods, etc. (1) Where any weighing or measuring equipment is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be presumed for the purposes of this Ordinance, unless the contrary is proved, to have the equipment in his possession for use for trade.(2) Where any goods are found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be presumed for the purposes of this Ordinance, unless the contrary is proved, to have the goods in his possession for supply in the course of trade.(3) Where in or on any premises goods of any description are made up in advance ready for supply by way of retail trade in a container of any kind, or are kept or stored for supply after being so made up, any goods of that description found in or on those premises made up in a container of the same kind shall be presumed to be pre-packed unless the contrary is proved; and it shall not be sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of section 16(2). 37. Regulations (1) The Chief Executive in Council may make regulations for the better carrying out of the provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, such regulations may provide for— (Amended 65 of 2000 s. 3)(a) the principles, design, specification, markings, materials and methods of construction of weighing or measuring equipment used for trade;(b) the purpose for which any particular types or classes of weighing or measuring equipment may be used for trade;(c) the amount of error which may be tolerated in weighing or measuring equipment;(d) the manner of siting, erecting or using weighing or measuring equipment used for trade;(e) the exemption of any class or classes of weighing or measuring equipment from this Ordinance or any such regulations;(f) the exemption of any goods or class of goods from this Ordinance or any such regulations;(g) the supply in the course of trade of certain prescribed goods otherwise than by net weight or measure or by capacity;(h) the marking on containers, with effect from a prescribed date, in metric units of measurement (in addition to other authorized units) of the quantity of prescribed goods supplied in containers;(i) the sale of prescribed goods in terms of weight, measure or count;(j) the method of marking weight or measure on pre-packed goods;(k) requiring that prescribed goods be supplied in the course of trade in the quantities and in the manner prescribed;(l) requiring that prescribed pre-packed goods be supplied in the course of trade in containers marked with information, in the manner prescribed, regarding the quantity of the goods and the name and address of the packer;(m) the manner in which information regarding the quantity of the goods, or information regarding the packer, is to be marked on a container of pre-packed goods;(n) the amount of variation in the net weight of pre-packed goods which may be tolerated;(o) the particulars to be specified in an invoice or delivery note relating to goods supplied by quantity;(p) requiring that prescribed goods or prescribed class of goods be supplied in the course of trade with the price marked by reference to their price unit or units of measurement;(q) requiring goods imported to comply with this Ordinance and any such regulations;(r) permitting the supply in the course of trade of any prescribed goods by average quantity;(s) the methods of statistical sampling and tolerances for any class of goods whether or not supplied in the course of trade by average quantity;(t) the sizes, dimensions, capacity, fill and other specifications of containers in which any prescribed goods shall be packed;(u) the inspection, examination, analysis and testing of any goods or samples thereof and the manner in which samples may be taken;(v) anything required or permitted to be prescribed under this Ordinance.(2) Regulations made under subsection (1) may make different provisions for—(a) different classes or descriptions of goods;(b) different quantities, grades or qualities of goods;(c) different kinds of transactions.(3) Regulations made under subsection (1) shall not come into operation before the expiration of 3 months after the publication of the regulations in the Gazette.(4) Any regulation made under subsection (1) may provide that a contravention thereof shall be an offence, and may provide a penalty for such offence not exceeding level 2 and imprisonment for 6 months. (Amended E.R. 3 of 2022)(5) In subsection (1), prescribed (訂明) means prescribed in the regulations made thereunder. 38. Power of Commissioner to amend Schedules The Commissioner of Customs and Excise may by order published in the Gazette amend any Schedule. 39. (Omitted as spent—E.R. 1 of 2015) First Schedule [s. 6(2)]Definitions of Units of Measurement Part I Measurement of Length (a) Metric Units 1 kilometre = 1 000 metres 1 metre = the length of the path travelled by light in vacuum during a time interval of 1/299 792 458 of a second 1 decimetre = 0.1 metre 1 centimetre = 0.01 metre 1 millimetre = 0.001 metre (b) Imperial Units 1 mile = 1 760 yards 1 furlong = 220 yards 1 chain = 22 yards 1 yard = 0.914 4 metre exactly 1 foot = 1/3 yard 1 inch = 1/36 yard (c) Chinese Units 1 chek = 0.371 475 metre 1 tsun = 0.1 chek 1 fan = 0.1 tsun Part II Measurement of Area (a) Metric Units 1 hectare = 100 ares 1 are = 100 square metres 1 square metre = an area equal to that of a square each side of which measures one metre 1 square decimetre = 0.01 square metre 1 square centimetre = 0.01 square decimetre 1 square millimetre = 0.01 square centimetre (b) Imperial Units 1 square mile = 640 acres 1 acre = 4 840 square yards 1 rood = 1 210 yards 1 square yard = an area equal to that of a square each side of which measures one yard 1 square foot = 1/9 square yard 1 square inch = 1/144 square foot Part III Measurement of Volume (a) Metric Units 1 cubic metre = a volume equal to that of a cube each edge of which measures one metre 1 cubic decimetre = 0.001 cubic metre 1 cubic centimetre = 0.001 cubic decimetre 1 litre = a volume equal to that of a cubic decimetre 1 decilitre = 0.1 litre 1 centilitre = 0.01 litre 1 millilitre = 0.001 litre (b) Imperial Units 1 cubic yard = a volume equal to that of a cube each edge of which measures one yard 1 cubic foot = 1/27 cubic yard 1 cubic inch = 1/1 728 cubic foot Part IV Measurement of Capacity (a) Metric Units 1 hectolitre = 100 litres 1 litre = a volume equal to that of cubic decimetre 1 decilitre = 0.1 litre 1 centilitre = 0.01 litre 1 millilitre = 0.001 litre (b) Imperial Units 1 gallon = 4.546 09 cubic decimetres 1 quart = 1/4 gallon 1 pint = 1/2 quart 1 gill = 1/4 pint 1 fluid ounce = 1/20 pint Part V Measurement of Mass or Weight (a) Metric Units 1 tonne = 1 000 kilograms 1 kilogram = a unit of mass equal to the international prototype of the kilogram kept by the International Bureau of Weights and Measures 1 gram = 0.001 kilogram 1 metric carat = 1/5 gram 1 milligram = 0.001 gram (b) Imperial Units 1 ton = 2 240 pounds 1 hundredweight = 112 pounds 1 quarter = 28 pounds 1 stone = 14 pounds 1 pound = 0.453 592 37 kilogram exactly 1 ounce = 1/16 pound 1 dram = 1/256 pound 1 grain = 1/7 000 pound 1 ounce troy = 12/175 pound (c) Chinese Units 1 picul (tam) = 100 catties 1 catty (kan) = 0.604 789 82 kilogram 1 tael (leung) = 1/16 catty 1 mace (tsin) = 1/160 catty 1 candareen (fan) = 1/1 600 catty 1 tael troy = 37.429 grams 1 mace troy = 1/10 tael troy 1 candareen troy = 1/10 mace troy (Amended L.N. 344 of 1988) Second Schedule [ss. 2, 6(3), 11(1) & 14]Units of Measurement and Permitted Symbols or Abbreviations of Units of Measurement Lawful for Use for Trade Part I Measurement of Length Metric Units Imperial Units Chinese Units kilometre km mile chek metre m chain tsun centimetre cm yard yd fan millimetre mm foot ft inch in Part II Measurement of Area Metric Units Imperial Units hectare ha square mile acre are a square yard yd2 square metre m2 square foot ft2 square decimetre dm2 square inch in2 square centimetre cm2 square millimetre mm2 Part III Measurement of Volume Metric Units Imperial Units cubic metre m3 cubic yard yd3 cubic decimetre dm3 cubic foot ft3 cubic centimetre cm3 cubic inch in3 litre L Part IV Measurement of Capacity Metric Units Imperial Units cubic metre m3 gallon gal hectolitre hL quart qt litre L pint pt millilitre mL gill fluid ounce fl. oz Part V Measurement of Mass or Weight Metric Units Imperial Units Chinese Units tonne t ton picul kilogram kg hundredweight cwt catty gram g quarter qr tael carat (metric) CM stone mace milligram mg pound lb candareen ounce oz tael troy dram dr mace troy grain gr candareen troy ounce, troy oz tr (Amended L.N. 344 of 1988) Third Schedule [ss. 6(4), 8(2), 11(1) & 14]Weights and Measures which are Lawful for Use for Trade Part I Linear Measures (a) Metric System Measures of— any multiple of 5 metres 5 metres 500 millimetres 3 metres 300 millimetres 2 metres 200 millimetres 1.5 metres 100 millimetres 1 metre 50 millimetres (b) Imperial System Measures of— any multiple of 100 feet 100 feet 6 feet 66 feet 5 feet 50 feet 4 feet 33 feet 1 yard 20 feet 2 feet 10 feet 1 foot 8 feet 6 inches (c) Chinese System 1 chek or any multiple thereof Part II Square Measures (a) Metric System Measures of, or any multiple of, 1 square decimetre. (b) Imperial System Measures of, or any multiple of, 1 square foot. Part III Cubic Measures (a) Metric System Measures of, or of any multiple of, 0.1 cubic metre. Measures of— any multiple of 10 litres 10 litres 5 litres 2 litres 1 litre (b) Imperial System Measures of, or of any multiple of, 1/4 cubic yard and 1 cubic foot. Part IV Capacity Measures (a) Metric System Measures of— any multiple of 10 litres 10 litres 200 millilitres 5 litres 100 millilitres 2 litres 50 millilitres 1 litre 20 millilitres 500 millilitres 10 millilitres 5 millilitres (b) Imperial System Measures of— any multiple of 5 gallons 5 gallons 8 fluid ounces 4 gallons 6 fluid ounces 2 gallons 1 gill 1 gallon 4 fluid ounces 1/2 gallon 1/2 gill 1 quart 2 fluid ounces 1 pint 1/4 gill 1/2 pint 1 fluid ounce Part V Mass or Weight Measures (a) Metric System Weights of— any multiple of 20 kilograms 20 kilograms 2 grams 10 kilograms 1 gram 5 kilograms 500 milligrams 2 kilograms 200 milligrams 1 kilogram 100 milligrams 500 grams 50 milligrams 200 grams 20 milligrams 100 grams 10 milligrams 50 grams 5 milligrams 20 grams 2 milligrams 10 grams 1 milligram 5 grams Weights of— 500 carats (metric) 1 carat (metric) 200 carats (metric) 0.5 carat (metric) 100 carats (metric) 0.2 carat (metric) 50 carats (metric) 0.1 carat (metric) 20 carats (metric) 0.05 carat (metric) 10 carats (metric) 0.02 carat (metric) 5 carats (metric) 0.01 carat (metric) 2 carats (metric) (b) Imperial System Weights of— any multiple of 56 pounds 56 pounds 1/2 dram 50 pounds 100 grains 28 pounds 50 grains 20 pounds 30 grains 14 pounds 20 grains 10 pounds 10 grains 7 pounds 6 grains 5 pounds 5 grains 4 pounds 4 grains 2 pounds 3 grains 1 pound 2 grains 8 ounces 1 grain 4 ounces 0.5 grain 2 ounces 0.3 grain 1 ounce 0.2 grain 8 drams 0.1 grain 4 drams 0.05 grain 2 drams 0.03 grain 1 dram 0.02 grain 0.01 grain Weights of— 500 ounces troy 0.4 ounce troy 400 ounces troy 0.3 ounce troy 300 ounces troy 0.2 ounce troy 200 ounces troy 0.1 ounce troy 100 ounces troy 0.05 ounce troy 50 ounces troy 0.04 ounce troy 40 ounces troy 0.03 ounce troy 30 ounces troy 0.02 ounce troy 20 ounces troy 0.01 ounce troy 10 ounces troy 0.005 ounce troy 5 ounces troy 0.004 ounce troy 4 ounces troy 0.003 ounce troy 3 ounces troy 0.002 ounce troy 2 ounces troy 0.001 ounce troy 1 ounce troy 0.5 ounce troy (c) Chinese System Weights of— any multiple of 10 catties 1 picul 40 taels 1/2 picul 30 taels 10 catties 20 taels 5 catties 10 taels 3 catties 8 taels 2 catties 5 taels 1 catty 4 taels 1/2 catty 3 taels 1/4 catty 2 taels 700 taels 1 tael 500 taels 5 mace 400 taels 3 mace 300 taels 2 mace 200 taels 1 mace 100 taels 1 candareen 50 taels Weights of— any multiple of 100 taels troy 100 taels troy 2 taels troy 50 taels troy 1 tael troy 40 taels troy 5 mace troy 30 taels troy 3 mace troy 20 taels troy 2 mace troy 10 taels troy 1 mace troy 8 taels troy 5 candareen troy 5 taels troy 3 candareen troy 4 taels troy 2 candareen troy 3 taels troy 1 candareen troy (Amended L.N. 344 of 1988; E.R. 3 of 2022)