Presumption as to liability of importers and manufacturers
52. Where any health product or active ingredient is supplied in a package, any person who appears from any statement thereon or attached thereto to have imported or manufactured that health product or active ingredient is presumed, unless the contrary is proved, to have so imported or manufactured the health product or active ingredient.
Presumption as to identity of advertiser
53. Where any health product is advertised, the person whose name or particulars appear in the advertisement is presumed, unless the contrary is proved, to be the person who has advertised the health product.
Presumption as to purpose for which health product is manufactured, imported or supplied
54.—(1) Any person who manufactures, imports or supplies any health product is presumed, unless the contrary is proved, to have manufactured, imported or supplied the health product for use by humans.
(2) Any health product that is found —(a)
on any premises that are used for the manufacture, storage or supply of health products;
(b)
in any conveyance that is used for the transportation of health products; or
(c)
in any automatic vending machine,
is presumed, unless the contrary is proved, to be intended for use by humans.
Presumption as to similarity in properties between health products, etc., found and sample taken therefrom
55. Any quantity of a health product or an active ingredient found in any premises or on any conveyance at the time when a sample of it is taken pursuant to the provisions of this Act is presumed, unless the contrary is proved, to possess the same properties as the sample.
Presumption of person’s intention to supply health product found in person’s possession
56. Where any person is found to be keeping or to be in possession of any health product in circumstances in which it would be reasonable to suspect that the person intends to supply the health product, the person is presumed, unless the contrary is proved, to have the health product in the person’s possession for the purpose of supply.
Evidence of analyst
57.—(1) Subject to subsection (2), the certificate of an analyst stating that he or she has tested, examined or analysed any health product, active ingredient or other substance or thing and stating the result of his or her test, examination or analysis is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the test, examination or analysis.
(2) The certificate of an analyst mentioned in subsection (1) must not be received in evidence pursuant to that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.
(3) Where the certificate of an analyst is admitted in evidence under subsection (1), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate.
(4) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is deemed, unless the contrary is proved, to be such a certificate.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.