Declarallon concealing SEAMLEación al
pohibited plint etc.
Search for plant
Control at
plan pesus,
10. (1) The Director may require-
(a) any person importing anything into Bong Kang; or
(5) any person arriving in Hong Kong,
to declare to an authorized officer any prohibited plant, or any sail or anything which may be infected by or infested with a plant pest which that person is importing or has in his possession or under his charge.
(2) The importer or the person in possession or in charge of any plant or any soil, or anything which may be infected by or infested with a plant pest referred to in subsection (1) shall, if required by the Director ar 20 authorized officer, produce it for inspection to the Director or to ad auhorized officer.
(3) An authorized officer may detain any container, package or other article, not being personal luggage, accompanying any person arriving in Hong Kong, which he has reason to believe contains any prohibited planı, a plant pest or any soil.
(4) For the purposes of examining any container, package or other article detained under subsection (3) an authorized officer may-
(a) require the person in possession or in charge to open it; or (b) open it if such person refuses to do so.
(5) If the container, package or other article is unclaimed, or if there is ng person apparently in possession or in charge thereof, it may be opened on the authority of the Director.
(6) Where a container, package or other article is opened in accord- ance with subsection (3) it shall—
(a) if il contains no plant, plant pest or soil or if it contains plant, plant pest or soil which has been imported in accordance with this Ordinance, be returned to the custody of the airline company or shipping company which brought it into Hong Kong; and (b) if it contains any plant, plant pest or soil which has been imported in contravention of any provision of this Ordinance, be dealt with in accordance with secrión 20.
PART III
CONTROL OF Plant PesT'S
11, (0) If it is made to appear by information on oath before a magistrale that there is reasonable cause to believe that any person has in his possession or charge or on his land or premises any plant post the magistrale may grant a wartant to the Director or an authorized officer to enter and search for and scize any plant pest or any plant or soil believed to be infected by or infested with a plant pest.
(2) Where under subsection (1) a person is authorized to search land
or premises for any plant pest, he may--
(a) enter at any reasonable time and search the land or premises
accordingly:" and
(b) without further notion treat or destroy any plant pest or any plant or soil he believes to be infected by or infested with a plant pest in auch manner as the Director may direct,
03) The Director may recover the cost of any action taken under subsection (2)(b) as a debt due to the Crown from the person in possession or in charge of the plant pest, plant or soil.
12. (1) if the Director is satisfied that a plant pest exists in or has been introduced into Hong Kong, he may by notice direct any person who
5
is the owner or in possession or custody of any plant or soil infected by or infested with such plant pest-
(a) to surrender the plant or soil to him without compensation; or (b) to destroy the plant pest or take such other action as is necessary
to prevent its spread.
(2) A notice under subsection (1) shall be in such form na may be specified by the Director and shall be deemed to be served on any person if it is delivered to him personally or left for him at his last known place of residence or business ör sent by post in a letter addressed to him there.
13. (1) Where a police served under section 12 is not complied with Moo- within 4 days after the day on which it was served the Director may take sompliance such steps as he thinks fit to destroy the plant pest or prevent its spread.
(2) The Director may recover the cost of any action taken under subsection (1) as a debt due to the Crown from the peron served with the notice.
PART IV
QUARANTINE
with ballet.
14. The Director may, by order published in the Gazette, declare Destruin of any area to be a quarantine area.
LEAR
15. (1) No person shall enter a quarantine area except in accordance Probibition of with a permit issued by the Director or an authorized officer.
entry jo gopcandas MEGA,
(2) Subject to section 16(3), no person shall move any plant, plant pest or soil into or away from a quarantine area except in accordance with a permit issued by the Director or an authorized officer.
16. (0) The Director may, by order published to the Gazette, declaro Ceraln that such plants as he may specify shall, after importation, be grown or be powd propagated only in a quarantine area.
quereolina ADER.
PLING
nally Da
(2) Any plant specified under subsection (1) which is imported shall be kept in a quarantine area until such time as the Director is satisfied that if is free from plant pests.
(3) Any person who has in his possession or charge or on his land or premises any plant specified under subsection (1), shall within 4 days of the date of the publication of the order referred to in that subsection take the plant to a quarantine area and deliver it to the officer in charge thereof.
(4) If any person who has in his possession or charge or on his land or premises any plant specified under subsection (1) contravenes subsec- tion (3) the Director or an authorized officer may-
(d) at any reasonable time enter, without a warrant, the land or
premises; and
(B) without further notice, seize the plant and cause it—
() to be removed and destroyed; or
(ii) to be removed and grown or propagated in a quarantine
anta-
(5) The Director may recover the cost of any action taken under subsection (4)(5) as a debt due to the Crown from the person in possession or in charge of the plant.
(6) The Director may charge such fees as may be prescribed in respect of the maintenance and treatment of plants which are grown or propagated in a quarantine area.