1969-HKRS29-8-36_Part04 — Page 5

Obstruction

of public officers.

Forfeiture.

Burden of proof.

4

(4) An animal or bird shall be liable to seizure if it has been imported or is unlawfully possessed in contravention of this Ordinance.

8. Any person who obstructs a member of the Preventive Service or a public officer in the exercise of any power conferred on him by or under section 7 shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars and to imprisonment for six months.

9. (1) Upon the conviction of any person for an offence against section 3 or section 4, every scheduled animal or bird in respect of which the offence was commilled and all goods or things seized pursuant to subsection (3) of section 7 shall, without further order, be forfeited to the Crown.

(2) Where a person is prosecuted for an offence against section 3 or section 4, then on the acquittal of such person, the court may order any animal or bird and any goods or things which have been seized pursuant to subsection (3) of section 7. and would have been forfeited had the person been convicted, either-

(a) to be released to the person from whom it or they were

seized or to the owner thereof; or

(b) to be forfeited to the Crown.

(3) Any animal or bird and any goods or things which are forfeited to the Crown shall be disposed of in such manner as the Director may direct.

10. Where, in any proceedings for an offence against this Ordinance or for conspiracy to commit such an offence, any question arises as to whether any scheduled animal or bird was lawfully imported or in lawful possession, the burden of proof shall lie on the person charged with the offence.

Rhinoceros unicornis Didermocerus sumatzensis

Rhinoceros sondaicus

Afluropoda melanoleuca

Pongo pygmaENS

Rhinopithecus roxellanas

Su salvanis

*

Anoa depressicornis

Anoa mindorensis

Bos sauveli

SCHEDULE.

Animals.

Great Indian Rhinoceros Sumatran Rhinoceros

Javan Rhinoceros Giant Panda

Orang-Utan

Snub-nosed Monkey

Pygmy Hog

Anoa

Tamarau

Kouprey

[s. 2.]

Family Paradisaeidae Pirkecophaga jefferyi Leucopsar rothschildi Thoumatibis gigantea

Birds.

S

Birds of Paradise Monkey-eating Eagle

Bali or Rothschild's Starling Giant Ibis

Passed by the Hong Kong Legislative Council this 17th day of December, 1969.

Deputy Clerk of Councils.

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.

Deputy Clerk of Councils.