1962-HKRS29-8-29_Part03 — Page 6

Schedule.

Appoint- ment of officers.

Regulations.

Power of

search and seizure.

2

"research officer" includes any senior research officer or assistant research officer of the Department of Co-operative Development and Fisheries:

"poxic substance" means a substance specified in the Schedule; "vessel" means any vessel used for fishing, and any junk, sampan, native

craft or boat.

3. (1) The Governor may appoint in writing by name or office any public officer to be a fisheries inspector,

(2) Appointment made under this section may be made to give effect to the purposes of this Ordinance generally or may be limited to such purposes as may be specified in the appointment.

4. (1) The Governor in Council may by regulation prescribe or provide fore

(a) the prohibition or restriction of the use of explosives for the

purpose of fishing:

(6) the prohibition or restriction of the use of toxic substances for

the purpose of fishing:

(c) the prohibition or restriction of the taking of any variety of

fish, or fish of any size, from the waters of the Colony:

(d) the prohibition or restriction of the use of any specified kinds of net or of nets having a mesh of any specified size for the purpose of fishing;

(e) the conservation of oysters and oyster beds;

() the prohibition or restriction of the collection, removal or

destruction of any variety of fish spawn or turtle eggs:

(g) the protection of spawning areas;

(h) generally for the protection or regulation of fishing.

(2) Regulations made under this Ordinance may provide that contravention of any of the provisions of such regulations shall con- stilute an offence and may prescribe penalties therefor not exceeding five thousand dollars and imprisonment for six months,

5. (1) The Commissioner or any fisheries officer, fisheries

inspector or police officer may without warran!-

(a) board and search any vessel or any part thereof;

(b) scize, remove and retain any fish or other article or thing whether found on board any vessel or in any other place, in respect of which it appears to him that any offence against this Ordinance has been committed or which appears to him to constitute evidence of any such offence having been committed.

3

(2) The Commissioner or any fisheries officer or any police officer of the rank of inspector and above may enter and search without warrant any premises or place used or reasonably suspected of being used either wholly or in part for the storage of fish in respect of which he has reason to believe an offence against this Ordinance has been committed, or for the storage of any other article or thing capable of being used in the commission of an offence against this Ordinance,

respect of

6. (1) Where a magistrate is satisfied that an offence against Forfeiture this Ordinance has been committed in respect of any fish or any other of things lo article or thing seized under the provisions of section 5, whether or which not any person has been convicted in respect of such offence, the offences are magistrale shall order such fish or other article or thing to be forfeited to the Crown,

(2) Notwithstanding anything contained in subsection (1), where any fish is seized under section 5, the Commissioner or any officer authorized by him in writing in that behalf may cause such fish to be sold or otherwise disposed of prior to application being made for the forfeiture thereof, and the proceeds thereof retained in lieu, and if in any such case the magistrate, upon such application for forfeiture being made, is not satisfied that an offence against this Ordinance bas been committed in respect thereof, upon application made by any person claiming to be the owner of such fish he shall, if he is satisfied as to the validity of the claim, order such proceeds to be paid to the claimant, but where no claim is made or the magistrate is not satisfied as to the validity of any claim, the proceeds shall be paid into the general revenue of the Colony.

(3) For the purposes of this section-

"proceeds" means sale price less any commission or fee payable in

respect of such sale,

7. Whenever it is lawful under this Ordinance for the Commis- sioner or any fisheries officer, fisheries inspector or police officer to seize and retain any fish or other article or thing, it shall be lawful-

(a) to seize and retain~

() any receptacle other than a vessel or vehicle in which such fish or other article or thing is contained;

(ii) any machinery other than the propellant machinery of a vessel or vehicle, implement, utensil, material or substance used for the commission of any offence against this Ordinance; and

(iii) any books or documents which appear to him to contain evidence that an offence has been or is about to be committed against this Ordinance; and

committed.

Seizure and forfeiture

of things used for the commission

of offences.