1976-HKRS28-16-24_Part01 — Page 21

$

Eli

Schedule.

Special

Game wardens.

Power of

aspec

and arrest.

(CAD. 232)

CMfences and

(a) contravenes any provision of this Ordinance, whether or not he

is convicted of an offence under this Ordinance; or

(b) injures or endangers the safety of any person by discharging any

arms whilst hunting game.

(7) If the licensing authority is satisfied that a game licence has been lost, destroyed or accidentally defaced, be may issue a duplicate thereof on payment of the fee prescribed in the Eighth Schedule,

(8) Any person who is aggrieved by the refusal or revocation of a gome Licence may, within 14 days after the receipt of the notice of refusal or revocation, appeal in writing to the Colonial Secretary whose decision shall be final.

IS. Notwithstanding any provision of this Ordinance. the Director may grant to any person a special permit in writing, upon such conditions as he thinks fit, to do anything which is prohibited under this Ordinance,

16. The Governor may appoint any person to be a game warden or bonorary game warden for the purposes of this Ordinance and any much appointment shall be published in the Gazette,

17. (1) If on authorized officer finds a person hunting or bas reasonable grounds for believing that a person has been huating or is aboul to hunt, he may require much person to produce for inspection his game licence or special permit,

(2) If an authorized officer has reasonable grounds for believing that a person has committed an offence under section 18, he may—

(a) arrest such person; and

(b) seize

(i) any protected wild animal or game, or part of any protected wild animal or game;

(i) any nest or egg of any protected wild animal or game; or (iii) any arms, hunting appliance, live decoy or device for the emission of recorded noises,

whether in the possession of such person or not, in respeel of which the authorized officer has reason to believe that the offence was committed.

(3) Where an authorized officer arrests a person under subsection (2) he shall forthwith lake such person to the nearest police station and shali there hand him over to be custody of a police officer and thereupon the provisions of section 52 of the Police Force Ordinance shall apply.

(4) If any thing seized under subsection (2) is perishable, the Director may cause it to be sold or otherwise disposed of forthwith.

18. Any person who-

(a) contravenes section 4, 5, 6, 7, 8, 9, 10, 11, 12 or 13;

(6) without lawful excuse fails to comply with a requirement of an

authorized officer under section 17(1); or

(c) wilfully resist or obstructs an authorized officer exercising Boy

power under section 17(2),

shall be guilty of an offence and—

() if the offence was committed in respect of a protected wild animal,

shall be liable on conviction to a fine of $5,000; and

(ii) in any other case, shall be liable on conviction to a fine of $3,000,

19. Where in any proceedings for an offence under section 8 or 9 Burdge of (read with section 18) it is alleged that-

prsal

(a) any protected wild animal or game was killed or taken in Hong

Kong; or

(b) any nest or egg of any protected wild animal or game was taken

in Hong Kong.

it shall be so presumed, until the contrary is proved by the person charged with the offence.

20, Where a person is convicted of an offence under section 18, a Portelmee. magistrate may order——

(a) any protected wild animal or game, or part of any protected wild

animal or game:

(b) any pest or egg of any protested wild animal or game; or

(e) any arms, hunting appliance, live decoy or device for the emission

of recorded noises.

ia respect of which the offence is committed to be forfeited to the CroWD.

to crop,

21. (1) If any damage is caused to growing crops by a person, of Comprosation by his attendants ör dogs, whilst engaged in bunting, he shall be liable to for damage pay to the owner of the crops by way of compensation such sum of money as a magistrate may, on bearing a complaint under Part II of the Magistrates Ordinance, order.

(2) Any compensation ordered to be paid under subsection (1F (4) shall be paid within 7 days after the date of the order; or

(b) shall, if not paid in accordance with paragraph (a), he recovered as if it were à fine imposed by a magistrate under this Ordinance.

(ap. 237.)

22. (1) The Governor may by order published in the Gazette amend Power to

And any Schedule.

Schedules,

(2) Where the Governor amends the Fourth, Fifth or Sixth Schedule. an amendment of an area specified in any such Schedule or the insertion therein of a new area shall be described by reference to a plan signed and dated by the Director and deposited in the Land Office, Victoria, and such plan shall be available for inspection at the Land Office, Victoria, and copies of il shall be available for inspection at every District Office in the New Territories.

23. (1) The Wild Birds and Wild Mammals Protection Ordinance Repcal dood is repealed.

unutud tagal DOVEOH.

(2) A game licence issued under section 13 of the repealed Wild Birds CMB 1700 and Wild Mammals Protection Ordinance which is in force at the com- mencement of this Ordinance shall be deemed, for the purposes of this Ordinance, to have been issued under section 14.

FIRST SCHEDULE

Game

Sus scrofa-Wild Pig-

[s, 2, 14 & 22.]

Close season

during which hunting

is prohibited

From 1st February to 30th

September, both days inclu- sive.