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(c) it—
ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (AMENDMENT)
(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 of the 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 of that 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 (1)(a), (b) and (c) are complied with to the
satisfaction of the Director.
(3) The Director may, by notice published in the Gazette, specify in respect of any scheduled species or description of scheduled species generally 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).
Articles deemed to be scheduled species or controlled medicines
2B. For the purposes of this 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.".
Restriction on import of scheduled species
4. (1) Section 4(1) is amended by adding “or controlled medicine" after "species”.
+
ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (AMENDMENT)
(2) Section 4(2) is amended
(a) by repealing "$5,000" and substituting "$25,000"; and (b) by repealing "$10,000" and substituting "$50,000".
Restriction on export of scheduled species
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5. (1) Section 5(1) is amended by adding "or controlled medicine" after "species". (2) Section 5(2) is amended—
(a) by repealing "$5,000" and substituting "$25,000"; and
(b) by repealing "$10,000" and substituting "$50,000”.
Restriction on possession of scheduled species
6. (1) Section 6(1) is amended by adding "or controlled medicine" after "species". (2) Section 6(2) is amended—
(a) by repealing "$5,000" and substituting "$25,000"; and
(b) by repealing "$10,000" and substituting “$50,000”.
Issue and renewal of licences
7.
(1) Section 7(1) is amended by repealing "scheduled species" and substituting "any scheduled species or controlled medicine”.
(2) Section 7(2)(c) and (e) is amended by adding "or controlled medicine" after "species" wherever it appears.
(3) Section 7(3) is amended by adding "or controlled medicine" after "species" wherever it appears.
Section added
8.
The following is added after section 7—
"Furnishing false information
7A. (1) Any person who in an application for a licence under section 7(1) furnishes any information which he knows or has reason to believe to be false in any material particular or misleading by reason of the omission of any material particular or furnishes any information as true and accurate information without any belief in the truth or accuracy of the information supplied shall be guilty of an offence and shall be liable on conviction to a fine of $10,000.
(2) Any person who claims, represents or holds out, by advertisement or otherwise, that-
(a) any article or object is a scheduled species; or
(b) any medicine is a controlled medicine,
without any belief in the truth of the claim, representation or holding out shall be guilty of an offence and shall be liable on conviction to a fine of $10,000.".
Cancellation of licence
9. Section 8(4) is amended by repealing "$2,000" and substituting "$10,000”.
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Production of licence
ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (AMENDMENT)
10. (1) Section 9(1) is repealed and the following substituted-
“(1) An authorized officer may require any person who has in his possession or under his control-
(a) any scheduled species; or
(b) any controlled medicine; or
(c) any receptacle which is claimed, represented or held out by any person, by advertisement or otherwise, to contain any scheduled species or controlled medicine, as the case may be,
and for which scheduled species or controlled medicine a licence under section 7(1) is required, to produce that licence.".
(2) Section 9(2) is amended by repealing "$2,000" and substituting "$10,000".
Power to require information
11. (1) Section 10(1) is repealed and the following substituted—
"(1) If the Director suspects that any animal, animal part or plant that is being or has been imported, or that is deemed under section 2A to be in transit, is a scheduled species, he may require any person who has the animal, animal part or plant in his possession or under his control to declare its common name and, if known to that person, its scientific name.
(1A) If the Director suspects that any medicine that is being or has been imported, or that is deemed under section 2A to be in transit, is a controlled medicine, he may require any person who has the medicine in his possession or under his control to declare the common name and, if known to that person, the scientific name of the scheduled species whose part or derivative, whether readily recognizable or not, is contained, or is claimed, represented or held out by any person, by advertisement or otherwise, to be contained in that medicine.".
(2) Section 10(2) is amended-
(a) by adding "or (1A)" after “(1)”; and
(b) by repealing "$1,000" and substituting "$5,000".
Powers of search, etc.
12. (1) Section 11(1) is amended—
(a) in paragraph (a) by repealing "there is therein any scheduled species which is being or has been imported in contravention of section 4; and" and sub- stituting-
"an offence under section 4, 5, 6 or 9 is being or has been committed in that vessel, aircraft, train or vehicle; or"; and
(b) in paragraph (b) by repealing "has in his possession any scheduled species in respect of which a contravention of section 4, 5 or 6 is being or has been committed" and substituting—
"is committing or has committed an offence under section 4, 5, 6 or 9". (2) Section 11(2) is amended by repealing "liable to seizure" and substituting “or controlled medicine liable to seizure, or any thing, document or advertisement likely to be or to contain evidence of an offence under section 4, 5, 6 or 9”.
ANIMALS AND PLANTS (PROTECTION OF ENDANGERED SPECIES) (AMENDMENT)
(3) Section 11(5) is amended---
(a) by repealing paragraph (a) and substituting -
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"(a) subject to subsection (7), any scheduled species or controlled medicine
liable to seizure;”;
(b) in paragraph (b) by adding “or controlled medicine" after "species" wherever it
appears; and
(c) in paragraph (d)-
(i) by adding ", document or advertisement" after "thing"; and
(ii) by repealing “or 6” and substituting “, 6 or 9”.
(4) Section 11(6) is amended—
(a) by adding "or a medicine, as the case may be," after "plant";
(b) in paragraph (a) by adding "or a controlled medicine, as the case may be," after
"species"; and
(c) in paragraph (b) by adding “or (1A)” after “(1)”.
(5) Section 11 is amended by adding after subsection (6)—
"(7) In the case of any live animal seized by an authorized officer under subsection (5)(a) and which it is impracticable by reason of its size, diet, normal habitat or for any other reasonable cause for the Director to keep in captivity or which is likely to die or be subjected to unnecessary suffering if it is so kept, the Director may cause the animal to be released, sold or otherwise disposed of forthwith or, in the case of any animal part or plant so seized which is perishable, the Director may cause the same to be sold or otherwise disposed of forthwith.
(8) The proceeds of sale of any thing sold by the Director or authorized officer under subsection (5)(c) or (7) shall be paid into general revenue.".
Obstruction
13. Section 12 is amended by repealing “$2,000" and substituting "$10,000".
Forfeiture
14. (1) Section 13(1) is repealed and the following substituted-
"(1) Upon the conviction of any person for an offence under section 4, 5, 6 or 9, the scheduled species or controlled medicine seized under section 11(5)(a) in respect of which the offence was committed and any other article seized under section 11(5)(b), (c) or (d) shall, without further order, be forfeited to the Crown.";
(2) Section 13(2) is amended-
(a) by repealing everything that appears before paragraph (a) and substituting
“(2) Where a person who is prosecuted for an offence under section 4, 5, 6 or 9 is acquitted, the court may order the scheduled species or controlled medicine seized under section 11(5)(a) in respect of which the prosecution was brought and any other article seized under section 11(5)(b), (c) or (d)—”; and
(b) in paragraph (a) by adding “or returned” after “released”.
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(3) Section 13 is amended by adding after subsection (2)—
“(2A) Where any scheduled species or controlled medicine has been seized under section 11(5)(a) but no prosecution for an offence under section 4, 5, 6, 9 or 10 has been brought in respect of the scheduled species or controlled medicine so seized for whatever reason, the Director or authorized officer may apply to the court for an order in respect thereof and the court may order the scheduled species or controlled medicine and any other article seized under section 11(5)(b), (c) or (d)—–
(a) to be released or returned to the person from whom it or they were seized
or to the owner thereof; or
(b) to be forfeited to the Crown.”.
(4) Section 13(3) is amended—
(a) by adding "or the medicine, as the case may be, seized under section 11(5)(a)”
after "plant"; and
(b) in paragraph (a) by adding "or returned" after "released". (5) Section 13(4) is repealed and the following substituted—
"(4) Any scheduled species or controlled medicine seized under section 11(5)(a) which is forfeited to the Crown under this section and any other article seized under section 11(5)(b), (c) or (d) and so forfeited, or any scheduled species or controlled medicine placed in the possession or under the control of the Director which is abandoned by its owner, or which appears to the Director to have been so abandoned, and any other article (of a type or category referred to in section 11(5)(b), (c) or (d)) in respect thereof and so abandoned, may be sold or otherwise disposed of in such manner as the Director thinks fit.
(5) The proceeds of sale of any thing sold by the Director under subsection (4) shall be paid into general revenue.".
Exemptions
15. Section 18 is amended-
(a) by adding “or controlled medicine” after "species” in the first place where it
appears; and
(b) by adding "or controlled medicines" after "species" in the second place where it
appears.
Power to amend the Schedules
Fees
16. Section 19(2) is amended---
(a) by repealing “or Third” and substituting “, Third or Fifth"; and
(b) by adding "or controlled medicine" after "species" wherever it appears.
17. The Fourth Schedule is amended—
(a) by adding after item 1(b) ---
"(c) for controlled medicines
$ 50";
(b) in item 2 by adding “or for controlled medicines" after “species"; and
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(c) by adding after item 3(b)—
"(c) for controlled medicines
$ 55".
Schedule added
18. The following is added after the Fourth Schedule-
FIRST COLUMN
ORDER/Family
PERISSODACTYLA
Rhinocerotidae
"FIFTH SCHEDULE
SPECIFIED ANIMALS
SECOND COLUMN
Scientific Name
THIRD COLUMN
Common Name
(for information only)
MAMMALIA (MAMMALS)
Rhinocerotidae species
Rhinoceroses"
[s. 2]
N.B. In this Schedule the species of an order, family, sub-family or genus means all the species
of that order, family, sub-family or genus.".
Passed by the Hong Kong Legislative Council this 28th day of June 1989.
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang,
Clerk to the Legislative Council.