Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/30

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE (6) Without prejudice to the generality of section 11(2), where an authorized person, pursuant to a warrant issued under this section, exercises his power under subsection (2) in respect of the premises specified in the warrant, he shall produce the warrant for inspection by any person found in those premises who questions his authority to exercise that power in respect of those premises.

(7) This section shall not operate to prejudice the generality of section 37.

39. Offences

(1) A person who contravenes section 13, 14, 15(1), (2), (3) or (5), 16(1) or (2) or 17(1) or (2), or any condition specified in a notice mentioned in section 27(7) or under section 29 or 32(2), or the condition specified in section 34(7), commits an offence and is liable—
 * (a) on a first conviction, to a fine at level 4 and to imprisonment for 6 months;
 * (b) on a subsequent conviction, to a fine at level 6 and to imprisonment for 2 years.

(2) A person who, for the purposes of the grant of a licence, knowingly or recklessly provides any information which is false or misleading in a material particular commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

(3) A person who discloses any information in contravention of section 34 commits an offence and is liable—
 * (a) on a first conviction, to a fine at level 4 and to imprisonment for 6 months;
 * (b) on a subsequent conviction, to a fine at level 6 and to imprisonment for 2 years.

(4) A person who—
 * (a) fails to comply with a requirement made by virtue of section 37(1)(b) or (2)(b) or 38(2)(b)(ii) or (5)(b); or
 * (b) intentionally obstructs the exercise of any rights conferred by a warrant issued under section 38,

commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

(5) A person to whom a licence applies or the licensee who gives or receives any money or other benefit, not authorized under this Ordinance, in respect of any supply of gametes or embryos, commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

(6) It is a defence for a person (“the defendant”) charged with an offence of doing a thing which, under section 13, cannot be done except pursuant to a licence to show—
 * (a) that the defendant was acting under the direction of another; and