Laws of Hong Kong
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LAWS OF HONG KONG ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) ORDINANCE CHAPTER 187 REVISED EDITION 1989 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER HONG KONG 1989 Ed.] Animals and Plants (Protection of [CAP. 187 Endangered Species) CHAPTER 187 ANIMAlS AND PLANTS (pROTECTION OF .ENDANGERED SPECIES) ORDINANCE ARRANGEMENT OF SEcnONS Section Page I. Short title 2 2. Interpretation 2 2A. In transit . 3 2B. Articles deemed to be scheduled speciesor controlled medicines 5 3. Appointment ofauthorized officers 5 4. Restriction on import ofscheduled species 5 5. Restriction on export ofscheduled species 5 6. Restriction on possession of scheduled species 5 7. Issue and renewal of licences 6 7A. Furnishing false information 6 8. Cancellation of licence 7 9. Production of licence 7 10. Power to require information t........... 7 II. Powers of search, etc. 8 12. Obstruction 9 13. Forfeiture 9 14. Advisory Committee 10 15. Director to specify forms II 16. Director and authorized officersto be subject to the Governor's.directions 11 17. Appeals to the Governor II 18. Exemptions 11 19. Power to amend the Schedules 11 Schedule 1. Scheduled Animals 12. Schedule2. Scheduled Animal Parts 25 Schedule3. Scheduled Plants 27 Schedule 4. Fees 30 Schedule 5. Specified Animals 30 2 CAP.187J Animals and Plants (Protection of [1989 Ed. Endangered Species) CHAPTER 187 ANIMALS AND PLANTS (pROTECfION OF ENDANGERED SPECIES) To restrict the importation, exportation and possession of certain animals and plants, and parts of such animals and plants, and to provide for matters connected therewith. [6 August 1976] Originally 63 of 1976 - 46 of 1977. L.N. 128 of1978, L.N. 347 of 1985, L.N. 213 of 1988, R. Ed. 1988.25 of1989 1. Short title This Ordinance may be cited as the Animals and Plants (Protection of Endangered Species)Ordinance. 2. Interpretation (l) In this Ordinance, unless the context otherwise requires- "advertisement", in relation to any scheduled species or controlled medicine, means any label, paper, wrapper, notice, poster or circular which describes, makes reference or otherwise alludes to, that scheduled species or that controlled medicine, as the case may be, whether directly or indirectly, whether in writing in any language, diagrammatically, pictorially or by the use ofsymbols or photographs or in any combination thereof and whether or not the common name or the scientific name or both the common name and the scientific name of any scheduled species appears in that advertisement; (Added 25 of1989s. 2) "animal" means any form ofanimal life whether alive or dead; "animal part" means any readily recognizable part or derivative of an animal; (Added 25 of1989s. 2) "authorized officer" means a- (a) member of the Customs and Excise Service; or (Amended 46 of 1977s. 18) (b) public officerauthorized by the Director under section 3; "controlled medicine" means any medicine which contains, or is claimed, represented or held out by any person, by advertisement or otherwise, to contain any part or derivative, whether readily recognizable or not, of any animal specified in column 2 ofSchedule 5; (Added 25 of1989s. 2) 1989 Ed.] Animals and Plants (Protection of ICAP.l87 3 Endangered Species) "Director" means the Director of Agriculture and Fisheries, the Deputy Director of Agriculture and Fisheries or an Assistant Director of Agriculture and Fisheries; "export" means to take, or cause to betaken, out ofHong Kong otherwise than in transit; "import" means to bring, or cause to be brought, into Hong Kong otherwise than in transit; "medicine" means any kind of medicament, tonic, drug, stimulant, prophylactic or other substance of powder, whether a proprietary medicine, a patent medicine or a natural remedy or treatment which has, produces or creates, or is claimed, represented or held out by any person, by advertisement or otherwise, to have, produce or create, a curative, remedial or preventative effect; (Added 25 of1989 s. 2) "member of the Customs and Excise Service" means a person holding an office specified in Schedule 1 to the Customs and Excise ServiceOrdinance (Cap. 342); (Amended 46 of1977 s.18) "plant" means a live or dead plant and any readily recognizable part or derivative ofa plant; "relevant authority" means any person or organization designated as a relevant authority by the government of a place outside Hong Kong who or which has authority or is otherwise competent to grant or issue any licence, permit, certificate or other document permitting the holder thereof to take, or cause to be taken, out of that place- (a) any scheduled species or controlled medicine which is intended to be taken out of that place; or (b) any scheduled species or controlled medicine deemed under sec tion 2A to be in transit from that place; (Added25 of1989s. 2) "scheduled animal" means an animal specifiedin column 2 of Schedule 1; "scheduled animal part" means an animal part or derivative specified in column 3, of an animal specified in relation to that part or derivative in column 1, of Schedule 2; ( Amended 25 of1989 s. 2) "scheduled plant" means a plant specified in column 2 of Schedule 3; (Amended 25 of1989 s. 2) "scheduled species" means a scheduled animal, a scheduled animal part or a scheduled plant. (2) (Repealed 25 of1989 s. 2) 2A. In transit (1) For the purposes of this Ordinance, an animal (other than a live animal), animal part or plant, or a medicine, as the case may be, shall be deemed to be in transit if- 4 CAP.l871 Animals andPlants (Protection of [1989 Ed. Endangered Species) (a) it is brought into Hong Kong from a place outside Hong Kong solely for the purpose oftaking it out of Hong Kong; and (b) it is accompanied by a valid licence, permit, certificate or other document granted or issued by a relevant authority; and (c) it- (i) remains at all times in the vessel, aircraft, train or vehicle in which it is brought into Hong Kong; or (ii) is removed from the vessel, aircraft, train or vehicle in which it is brought into Hong Kong and is either returned to the same vessel, aircraft, train or vehicle or is transferred directly to another vessel, aircraft, train or vehicle prior to its being despatched to a place outside Hong Kong, and is placed in the possession or under the control of the Director or an authorized officer while being so removed, returned or transferred; or (iii) is removed from the vessel, aircraft, train or vehicle in which it is brought into Hong Kong and is placed in the possession or under the control of the Director or an authorized officer for any reasonable period prior to its being despatched to a place outside Hong Kong. (2) Subject to subsection (3), for the purposes of this Ordinance, a live animal shall be deemed to be in transit if- (a) at least 3 working days prior to the date ofthe expected arrival of the vessel, aircraft, train or vehicle in which that live animal is to be brought into Hong Kong, the Director receives a notification made to him in writing- (i) providing a description and particulars ofthat animal; (ii) stating the intended date on which that animal is to be brought into Hong Kong; and (iii) providing such particulars and other information of the vessel, aircraft, train or vehicle in which that animal is to be brought into Hong Kong so as to enable the Director to locate that vessel, aircraft, train or vehicle immediately upon its arrival in Hong Kong; and (b) the requirements of subsection (l)(a), (b) and (c) are complied with to the satisfaction ofthe Director. (3) The Director may, by notice published in the Gazette, specify in respect of any scheduled species or description of scheduled speciesgenerally or for any purpose or by reference to any special, circumstances a number of working days in substitution for the number of working days referred to in subsection (2)(a). (Added25 of1989 s. 3) 1989 Ed.] Animals and Plants (Protection of (CAP. 187 5 Endangered Species) 28. Articles deemed to be scheduled species or controlled medicines For the purposes ofthis Ordinance- (a) any article or object (including any article or object contained in any' receptacle) which is claimed, represented or held out by any person, by advertisement or otherwise, to be a scheduled species;or (b) any medicine (including any medicine contained in any receptacle) which is claimed, represented or held out by any person, by advertisement or otherwise, to be a controlled medicine, shall be deemed to be such a scheduled species or a controlled medicine, as the case may be. (Added25 of1989 s. 3) 3. Appointment ofauthorized officers The Director may in writing authorize any public officer to exercise any of the powers and perform any of the duties conferred or imposed on an authorized officer by this Ordinance. 4. Restriction on import of scheduled species (I) Subject to section 18, no person shall, except under and in accordance with a licence issued under section 7(1), on his own behalf or on behalf of any other person, import any scheduled species or controlled medicine. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $25,000 and in the case of a second or subsequent offence shall be liable to a fine of $50,000 and to imprisonment for 6 months. (Amended25 of1989 s. 4) 5. Restriction on export of scheduled species (I) Subject to section 18, no person shall, except under and in accordance with a licence issued under section 7(1), on his own behalf or on behalf of any other person, export any scheduled species or controlled medicine.