Page:Trade Descriptions Ordinance 1980 (Cap. 362).pdf/12

Rh :(c) without reasonable excuse fails to give such authorized officer any other assistance or information which the authorized officer may reasonably require of him for the purpose of the performance of the officer’s functions under this Ordinance, commits an offence.

(2) Any person who discloses to any other person—
 * (a) any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of this Ordinance; or
 * (b) any information obtained by him in pursuance of this Ordinance,

commits an offence unless the disclosure was made—
 * (i) in or for the purpose of the performance by him or any other person of functions under this Ordinance, or
 * (ii) in the case of paragraph (b) under the direction or order of a court.

(3) Any person who, in giving any such information as is referred to in subsection (1)(c), makes any statement which he knows to be false commits an offence.

(4) Subject to subsection (5), nothing in this section shall be taken to—
 * (a) require a person to answer any question or give any information if to do so might incriminate that person or the wife or husband of that person; or
 * (b) compel the production by a solicitor of a document containing a privileged communication made by or to him in that capacity or authorize the seizure of any such document in his possession.

(5) A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Ordinance―
 * (a) from answering any question put to that person in any civil proceedings;
 * (b) from complying with any order made in any such proceedings,

but no statement or admission made by a person in answering a question put or complying with an order made shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that person or (unless they married after the making of the statement on admission) against the wife or husband of that person.

18. (1) Any person who commits an offence under section 4, 5, 7, 9, 10, 11 or 12 shall be liable―
 * (a) on conviction on indictment, to a fine of $500,000 and to imprisonment for 5 years; and
 * (b) on summary conviction, to a fine of $100,000 and to imprisonment for 2 years.

(2) Any person who commits an offence under section 17 shall be liable to a fine of $10,000 and to imprisonment for 1 year.

19. No prosecution for an offence under this Ordinance shall be brought after―
 * (a) the expiration of 3 years from the date of commission of the offence; or