||Title:||DUTIABLE COMMODITIES ORDINANCE||Gazette Number:|
|Section:||46A||Heading:||Liability for acts of servants||Version Date:||30/06/1997|
(1) Where an offence against this Ordinance is committed by a servant of a licensee, the licensee shall, without prejudice to the liability of any other person, also be guilty of that offence but shall not be liable to any term of imprisonment.
(2) Where a prosecution is brought against a licensee by virtue of this section in respect of an offence committed by a servant, it shall be a defence-
(3) Where a licence is granted to any person wholly or partly for the benefit of a company reference to "licensee" in this section shall be read as including references to the company.
(a) in the case of an offence against section 61, 71, 72 or 73, if the licensee shows that he exercised such control over the servant as would ensure that the servant was not likely to act in contravention of that section; or (Amended 40 of 1974 s. 8; 34 of 1976 s. 6)
(b) in the case of any other offence, if the licensee shows that he took all practicable steps to prevent the commission of the offence.
(Added 3 of 1970 s. 20)