2
ApparÈsistee
of Julfurizm offeen.
Probrickom od (xportadino aľ
semalo plot...
Furer Scbedake,
"plant"" includes--
(a) timber, trees and shrubs; and
(b) leaves, roots, flowers, fruit, tubers, bulbs, carms, stocks, cuttings, layers, slips, suckers, seeds, and any part of a plant, whether or not intended for growing, planting or propagation or from which further plants may be grown, planted or propagated;
"plant import licence" means a licence referred to in section K1); "plant pest" means any bacterium, fungus, virus, mycoplasma, alga or other plant or any invertebrate animal which is capable of being injurious or destructive to plants
"premises" includes any vehicle, veisel or aircraft;
"prohibited", in relation to a plant, plant pest or soil, means any plant, plam pest or soil the importation of which is not permitted except in accordance with and subject to the terms and conditions of a plant import licence or a written authorization of the Director; “quarantine area" means an area declared under section 14 to be a
quarantine area;
"god" includes earth, sand, clay and peat,
3. The Director may authorize in writing any public officer to exercise any of the powers and perform any of the duties conferred or imposed on an authorized officer by' this Ordinance.
PART II E I 1
CONTROL OF IMPORTATION OF PLANTS
4. () No person shall import any plant specified in the first column of Part I of the First Schedule from any country specified opposite thereto in the second column of that Part, unless-
(a) it is imported subject to the conditions (if any) of a plant import
Licence issued in respect thereof;
(6) it has been fumigated or disinfected in the country of its origin; (c) it is accompanied by a valid phytosanitary certificate which certifics that the plant is free from the plant pest specified in relation to such plant in the last part of the second column of the relevant item in Part I of the First Schedule; and
(d) it is imported subject to the condition that overy such plant shall be grown in quarantine until the Director is satisfied either that it is free from plant pesta or that it is discased and must be destroyed.
(2) No person shall import any plant specified in the first column of Part 1 of the First Schedule from any country specified opposite thereto in the second column of that Part, unless-
(a) It is imported subject to the conditions (if any) of a plant import
licence issued in respect thereof;
(b) it is accompanied by a valid phytosanitary certificate; and
(e) it is imported subject to the conditions specified opposite thereto in the third column of that Part and such conditions relating to quarantine as may be specified by the Director.
(3) Subject to section 5, no person shall import any plant other than
a plant specified in the First Schedule unless-
(a) it is imported subject to the conditions of a plant import licence
issued in respect thereof; and
(6) it is accompanied by a valid phytosanitary certificate,
H
5.
Section 4(3) shall not apply to
(0) any plant specified in Part 1 of the Second Schedule; and (b) any plant specified in Part II of the Second Schedule if it is
accompanied by a valid phytosanitary certificate,
6. (D) A plant import licence shall be in Form 1 set out in the Third Schedule and may be issued by the Director upon application made to him and subject to such conditions as he thinks fit.
(2) A phytosanitary certificate accompanying any plant to be imported shall not be valid for the purposes of this Ordinance unless it is—
(a) similar in substance to Form 2 set out in the Third Schedule; (b) completed in English or in Chinese characters, or accompanied by
a translation in English or in Chinese characters; and
(c) signed, not more than 14 days prior to the date of the export of the plant from the country in which it was grown, by or on behalf of an authorized officer of the Plant Protection Service of that country.
(3) The Director may, upon application made to him in such form as be may determine and upon payment of such fee as may be prescribed. examine any plant and may issue in respect of such plant a phytosanitary certificate in the form set out in Form 2 in the Third Schedule.
(4) Phytosanitary examination of plants may be made at the premises
of the applicant subject to payment of such fee as may be prescribed.
Erempred pland. Second Schedok.
Pot import Botics and
certificalm, etc. Third Schedule. Form 1.
Third Schedule, Form 2.
T No person shall import any plant pest or any plant infected by Prohibition o
imparting
or infested with a plant pest, save in accordance with the terms of an authorization in writing issued to him by the Director.
物。 (1) No person shall import any soil save in accordance with the Prouidlan on
deporting ModL
terms of an authorization in writing issued to him by the Director.
(2) Subsection (1) shall not apply to soil imported from China,
9. (1) This Ordinance shall not apply to any plant, plant pest or soll which is in trasit if the conditions set out in subsection (2) are complied with in respect of the plant, plant pest or soil.
(2) The conditions referred to in subsection (1) ar-
(a) that the plant, plant pest or sail la packed, and remains packed. in a container which is sealed, closed or wrapped in such a manner that no plant pest may escape from the container; and
(b) that the container in which the plant, plant pest or soil is con- Lained and the cargo or baggage in which the container is included-
(i) remain of all times on the vehicle, vessel or aircraft in which they were brought into Hong Kong; or
() if taken from such vehicle, vessel or aircraft are not removed from the place where they are brought into Hong Kong other than for the purpose of being taken out of Hong Kong. (3) If any condition set out in subsection (2) is not complied with. the Director may, unless the plant, plant pest or soil which is in transit is exported immediately or otherwise disposed of in such manner as the Director may determine, cause it to be destroyed.
(4) The Director may recover the cost of any action taken under subsection (3) as a debt due to the Crown from the person who brought or caused to be brought the plant, plant pest or soil into Hong Kong.
emptioun for plans, plane
posts and bol In transit.
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