Page 41 - 《客語及少數族群語言政策》附錄_少數語言法律

PENAL PROVISIONS AND OTHER SANCTIONS

1986, c. 46, s. 10; 1992, c. 61, s. 100.

205. Every person who contravenes a provision of this Act or the regulations adopted by the Government
thereunder commits an offence and is liable

(a) to a fine of $600 to $6,000 in the case of a natural person;

(b) to a fine of $1,500 to $20,000 in the case of a legal person.

The fines are doubled for a subsequent offence.

In determining the amount of a fine, the judge takes into account, among other things, the revenues and other
benefits the offender derived from the offence and any damages and socio-economic consequences that resulted
from the offence.

Moreover, if a person is convicted of an offence under this Act, a judge may, on an application made by the
prosecutor and submitted with the statement of offence, impose on the offender, in addition to any other

penalty, a further fine equal to the financial gain the offender realized or derived from the offence, even if the
maximum fine has also been imposed.
1977, c. 5, s. 205, s. 14; 1986, c. 58, s. 15; 1990, c. 4, s. 128; 1991, c. 33, s. 18; 1993, c. 40, s. 59; 1997, c. 24, s. 21; 2010, c. 23, s. 9.

205.1. Every person who contravenes any of the provisions of sections 51 to 54 by distributing, selling by
retail sale, renting, offering for sale or rental or otherwise marketing, for consideration or free of charge, or by
possessing for such purposes,

(1) a product, if the inscriptions on the product, on its container or wrapping, or on a document or object supplied
with it, including the directions for use and the warranty certificates, are not in conformity with the provisions of this
Charter,

(2) computer software, including game software and operating systems, or a game or toy that is not in conformity
with the provisions of this Charter, or

(3) a publication that is not in conformity with the provisions of this Charter, commits
an offence and is liable to the fines provided for in section 205.

The operator of an establishment where menus or wine lists that are not in conformity with the provisions of section
51 are presented to the public also commits an offence and is liable to the fines provided for in section 205.

The burden of proof concerning the exceptions provided for in sections 52.1 and 54, or pursuant to section 54.1, lies
with the person who invokes the exceptions.
1997, c. 24, s. 22.

206. (Repealed).

1977, c. 5, s. 206; 1986, c. 58, s. 16; 1990, c. 4, s. 129; 1991, c. 33, s. 19; 1993, c. 40, s. 60.

207. The Attorney General, the Director of Criminal and Penal Prosecutions or a person either of them has
authorized shall institute penal prosecutions under this Act. The Attorney General shall bring all other
proceedings necessary for the enforcement of this Act.

1977, c. 5, s. 207; 1990, c. 4, s. 130; 2005, c. 34, s. 41.

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