Cap 68 - WEIGHTS AND MEASURES ORDINANCE 1
Chapter: 68 WEIGHTS AND MEASURES ORDINANCE Gazette Number Version Date
Long title 30/06/1997
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.
(Enacted 1987)
[1 January 1989] L.N. 351 of 1988
(Originally 54 of 1987)
Part: I PRELIMINARY 30/06/1997
(Enacted 1987)
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Weights and Measures Ordinance.
(Enacted 1987)
Section: 2 Interpretation 65 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3
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;
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 2
(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.
(Enacted 1987)
Section: 3 Application 30/06/1997
(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.
(Enacted 1987)
Section: 4 Appointment of authorized officers 30/06/1997
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.
(Enacted 1987)
Section: 5 Power of Chief Executive to give directions 65 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3
(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)
(Enacted 1987)
Part: II UNITS AND STANDARDS OF MEASUREMENT 30/06/1997
(Enacted 1987)
Section: 6 Units of measurement 30/06/1997
(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
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 3
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.
(Enacted 1987)
Section: 7 Declaration of equivalent units of measurements 30/06/1997
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.
(Enacted 1987)
Section: 8 Reference standards of weights and measures L.N. 218 of 2000 01/07/2000
(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)
(Enacted 1987)
Section: 9 Damaging or destroying reference standards 30/06/1997
Any person who falsifies, or wilfully or maliciously damages or destroys, any reference standard commits an
offence.
(Enacted 1987)
Part: III WEIGHING OR MEASURING EQUIPMENT USED
FOR TRADE
30/06/1997
(Enacted 1987)
Section: 10 Meaning of "use for trade" 30/06/1997
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.
(Enacted 1987)
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 4
Section: 11 Units of measurement lawful for use for trade 30/06/1997
(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.
(Enacted 1987)
Section: 12 Fraud in using for trade weighing or measuring equipment 30/06/1997
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.
(Enacted 1987)
Section: 13 Possession of unauthorized or false weighing or measuring
equipment for use for trade
30/06/1997
(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.
(Enacted 1987)
Section: 14 Prohibition against manufacture or supply for use for
trade of weighing or measuring equipment
30/06/1997
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.
(Enacted 1987)
Section: 15 Non-application of certain provisions 30/06/1997
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.
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 5
(Enacted 1987)
Part: IV REGULATION OF TRADE TRANSACTIONS 30/06/1997
(Enacted 1987)
Section: 16 Goods to be supplied by net weight or measure 30/06/1997
(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.
(Enacted 1987)
Section: 17 Weighing or measuring of goods sold 30/06/1997
(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.
(Enacted 1987)
Section: 18 False statements as to quantity of goods supplied 30/06/1997
(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.
(Enacted 1987)
Section: 19 Short weight or measure, etc. 30/06/1997
(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.
(Enacted 1987)
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 6
Section: 20 Reliance on warranty as defence to charge under section
19
30/06/1997
(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.
(Enacted 1987)
Section: 21 False warranty as to quantity of goods sold 30/06/1997
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.
(Enacted 1987)
Section: 22 Reliance on climatic influences as defence to charge under
section 19
30/06/1997
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.
(Enacted 1987)
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 7
Section: 23 Unauthorized advertisements 30/06/1997
(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).
(Enacted 1987)
Part: V ADMINISTRATION 30/06/1997
(Enacted 1987)
Section: 24 Powers of entry, search, arrest, etc. 30/06/1997
(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.
(Enacted 1987)
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 8
Section: 25 Restrictions upon exercise of powers of entry and search 30/06/1997
(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.
(Enacted 1987)
Section: 26 Power to inspect weighing or measuring equipment, etc. 30/06/1997
(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.
(Enacted 1987)
Section: 27 Powers of sale or disposal of perishable goods seized 30/06/1997
(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.
(Enacted 1987)
Part: VI FORFEITURE 30/06/1997
(Enacted 1987)
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 9
Section: 28 Forfeiture and disposal of certain equipment and goods 30/06/1997
(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.
(Enacted 1987)
Part: VII MISCELLANEOUS 30/06/1997
(Enacted 1987)
Section: 29 Objections to decisions of Commissioner 30/06/1997
(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.
(Enacted 1987)
Section: 30 Obstruction, etc. 30/06/1997
(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 of $20000 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
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 10
liable to a fine of $20000 and to imprisonment for 6 months.
(Enacted 1987)
Section: 31 Restriction on disclosure of source of complaint, etc. 30/06/1997
(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.
(Enacted 1987)
Section: 32 Penalties 30/06/1997
(1) Any person who commits an offence under section 12 is liable to a fine of $20000 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 of $20000.
(3) Any person who commits an offence under section 19 or 31 is liable to a fine of $10000.
(4) Any person who commits an offence under section 11, 14, 16, 17 or 23(1) is liable to a fine of $5000.
(Enacted 1987)
Section: 33 Offences by agents or servants 30/06/1997
(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.
(Enacted 1987)
Section: 34 Name in which proceedings may be brought L.N. 362 of 1997 01/07/1997
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)
(Enacted 1987)
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 11
Section: 35 Evidence by certificate 30/06/1997
(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.
(Enacted 1987)
Section: 36 Evidence of possession of equipment or goods, etc. 30/06/1997
(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).
(Enacted 1987)
Section: 37 Regulations 65 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3
(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
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 12
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 $5000 and imprisonment for 6 months.
(5) In subsection (1), "prescribed" (訂明) means prescribed in the regulations made thereunder.
(Enacted 1987)
Section: 38 Power of Commissioner to amend Schedules 30/06/1997
The Commissioner of Customs and Excise may by order published in the Gazette amend any Schedule.
(Enacted 1987)
Section: 39 (Omitted as spent—E.R. 1 of 2015) E.R. 1 of 2015 29/01/2015
Schedule: 1 DEFINITIONS OF UNITS OF MEASUREMENT 30/06/1997
[section 6(2)]
PART I
Measurement of Length
(a) Metric Units
1 kilometre = 1000 metres
1 metre = the length of the path travelled by light in vacuum during a time interval of
1/299792458 of a second
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 13
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 = 0.9144 metre exactly
1 foot = 1/3 yard
1 inch = 1/36 yard
(c) Chinese Units
1 chek = 0.371475 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 = 4840 square yards
1 rood = 1210 square 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 = 1/1728 cubic foot
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 14
PART IV
Measurement of Capacity
(a) Metric Units
1 hectolitre = 100 litres
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 gallon = 4.54609 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 = 1000 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 = 2240 pounds
1 hundredweight = 112 pounds
1 quarter = 28 pounds
1 stone = 14 pounds
1 pound = 0.45359237 kilogram exactly
1 ounce = 1/16 pound
1 dram = 1/256 pound
1 grain = 1/7000 pound
1 ounce troy = 12/175 pound
(c) Chinese Units
1 picul (tam) = 100 catties
1 catty (kan) = 0.60478982 kilogram
1 tael (leung) = 1/16 catty
1 mace (tsin) = 1/160 catty
1 candareen (fan) = 1/1600 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)
(Enacted 1987)
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 15
Schedule: 2 UNITS OF MEASUREMENT AND PERMITTED
SYMBOLS OR ABBREVIATIONS OF UNITS OF
MEASUREMENT LAWFUL FOR USE FOR TRADE
30/06/1997
[sections 2, 6(3), 11(1) & 14]
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
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 16
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)
(Enacted 1988)
Schedule: 3 WEIGHTS AND MEASURES WHICH ARE LAWFUL
FOR USE FOR TRADE
30/06/1997
[sections 6(4), 8(2), 11(1) & 14]
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
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 17
(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
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 18
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 gains
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
Cap 68 - WEIGHTS AND MEASURES ORDINANCE 19
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 multiples 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)
(Enacted 1987)
