Factories. [Ch. 30. No. 2.

 

(3) Any article the importation of which is pro-
hibited by or under this section shall be deemed to be
included amongst the goods enumerated and described
in the list of prohibitions and restrictions contained in
section 38 of the Customs Ordinance and in the several
proclamations issued thereunder.

(4) Any person who sells or offers or exposes for
sale, or has in his possession for purposes of sale, any
article the importation of which is prohibited by or under
this section, shall be guilty of an offence, and shall, in
addition to his liability in respect of the offence, forfeit any
such article in his possession, and any article so forfeited
shall be destroyed or otherwise dealt with as the court
may think fit.

36. (1) An inspector may at any time after informing
the occupier or, if the occupier is not readily available,
a foreman or other responsible person, in the factory, take
for analysis sufficient samples of any material in use or
mixed for use in the manufacture of matches, or of any
substance used or intended to be used in a factory being
a substance in respect of which he suspects a contravention
of any provision of this Ordinance or of any regulations
or orders made thereunder, or which in his opinion is
likely to cause bodily injury to the persons employed.

(2) The occupier or the foreman or other responsible
person aforesaid may, at the time when a sample is taken
under this section, and on providing the necessary appli-
ances, require the inspector to divide the sample into
three parts, to mark and seal or fasten up each part in
such manner as its nature permits, and—

(a) to deliver one part to the occupier, or the
foreman or other responsible person aforesaid;

(6) to retain one part for future comparison;

(c) to submit one part to the analyst;

and any analysis under this section shall be carried out by
a Government department.

(3) A certificate purporting to be a certificate by
the Government Chemist as to the result of an analysis
of a sample under this section shall in any proceedings

T.—IV. 10

145

Power to
take samples.