316

Right to
avoid
prohibited
transaction
or to recover
excess price.

Ch. 30. No. 18.] Services (Charges Control).

the provisions set out in the next following section hereto
shall have effect as respects the rights of a person for whom
that service is performed, or with whom an agreement
is made to perform the service, in the course of that business
in contravention of subsection (1) of this section.

(6) If any person performs, agrees to perform, or
offers to perform, any service in contravention of sub-
section (1) of this section, he shall be guilty of an offence
against this Ordinance:

Provided that

(a) where it is proved that an offer made in contra-
vention of the said) subsection has been followed
by an agreement so made in pursuance of that offer,
or that an agreement so made has been performed in
contravention of the said subsection, those trans-
actions together shall be taken to constitute a single
offence, and

(b) it shall be a defence for a person charged with a
contravention of the said subsection to prove that, in
relation to the matter in respect of which he is charged,
he acted in the course of his employment as a servant
or agent of another person on the instructions of his
employer or of some other specified person.

(7) If any of the provisions of any order made by
virtue of subsection (3) of this section are not complied
with as respects any busine. the person carrying on the
business shall be guilty of an offence under this Ordinance.

4. (1) The following provisions of this section shall
have effect where an order is made under the last foregoing
section of this Ordinance directing that the maximum
charge to be made in the course of a business of any class
for the performance of a service of any description in relation
to goods of any description shall be computed in such
manner, and by reference to such matters as may be
provided by the order.

(2) Where a prosecution has been instituted in
respect of the performance of, or an agreement or offer to
perform, any service of a description to which any such
direction relates in the course of a business to which any