1980-HKRS28-16-28_Part01 — Page 6

(Cap. LJ

Authorized Wicers.

Power of Cavernor to give directiona.

2

"fish culture" means any operation involving the maintenance, propagation or promotion of growth of fish in captivity within the waters of Hong Kong:

"fish culture zone" means an area of the waters of Hong Kong designated

to be a fish culture zone under section Sta):

"impoundmeat" means an caclosure of an area of the waters of Hong Kong by means of a net or other removable, permeable structure used or designed for the purpose of fish culture;

"licence" mearts a licence granted or renewed under section 8: "licensee" means the holder of a licence;

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1

"permit" means a permit granted og renewed under section 14; "permitter" means the holder of a permit;

得

"raft" means à Boating structure for object, including any cage, met or other device attached thereto, used or designed for the purpose of fish culture;

"site" means a site within a fish culture zone specified under section $(b); "vessel" includes-

(a) any ship, boat or any other description of vessel used in naviga-

tion; and

(b) any other movable structure that is not used in navigation and not constructed nor adapted for use in navigation, but does not include a raft;

"waters of Hong Kong" means all tidal water, navigable or not, within the boundaries of Hong Kong specified in the Second Schedule to the Interpretation and General Clauses Ordinance.

3. (1) The Director may authorize in writing any public officer to exercise any of the powers and perform any of the duties or functions conferred or imposed on the Director or an authorized officer by this Ordinance.

(2) A document purporting to be an authorization under subsection (1) and to be signed by the Director shall, without further proof and until the contrary is proved, be evidence of the matters contained therein in any proceedings or otherwise.

(3) An authorized officer when exercising a power or performing a duty or function under this Ordinance shall produce his authorization under subsection (1)_for_inspection by any person who questions his authority to exercise the power or to perform the duty or function,

(4) A public officer who ceases to be an authorized officer shall forthwith deliver up his authorization to a person authorized by the Director to receive fl.

4. (1) The Governor may give to the Director or to an authorized officer such directions as he thinks fit with respect to the exercise or performance of any powers, duties or functions under this Ordinance, and such directions may be given either generally or in respect of any particular

case.

(2) A person to whom a direction is given by the Governor under subsection (1) shall, in the exercise or performance of any powers, duties or functions under this Ordinance, comply with that direction.

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FART 11

3

CONTROL AND PROTECITON OF FISH CULIURE

3. The Director may-

Destination t Ach Colture

Kit them therein.

(a) by order published in the Gazerie designate any area of the sun and

waters of Hong Kong to be a fish culture zove within which fish citation culture may be engaged in, and he shall demarcate the boundaries of the fish culture zone in the prescribed manner, and

(B) in such manner as he thinks fit, specify sites within a fish culture

zone,

6. (0) No person shall, without a licence, engage in fish culture Rearlestom no within a fiab culture zone.

() No person shall, without a permit granted under section 1441X2), engage in fish culture within the waters of Hong Kong for the purposes of scientific research.

(3) No person shall, without a permit grunted under section 14(1)(5), maintain fish in captivity within the waters of Hong Kong for purposes other than the propagation or promotion of growth of such fish.

(4) Any person who contravenes this section commits an offence.

fuch culbute.

7. (1) Subject to subsection (2), no person shall engage in fish Probiling culture within the waters of Hong Kong aulside a fish culture zone.

(2) This section shall not apply to→

(a) fish culture for the purposes of scientific research; and

(B) the maintenance of fish in captivity for purposes other than the

Propagation or promotion of growth of such fish.

(3) Any person who contravenes this section commits an offence,

EL (1) Subject to this Ordinance, the Director may grant to any person, a licence, and renew such licence, to engage in fish culture within a fish culture zone.

(2) The form of application for the grant or renewal of a licence and the form of the licence shall be specified by the Director.

(3) A licence may be granted, and may be renewed, subject to such conditions as the Director thinks fit.

(4) The Director shall specify in a licence-

(a) the site in respect of which the licence is valid;

(b) the area of the rafts or impoundments permitted under the licence;

and

(c) the conditions la which the licence is subject.

(5) A licence shall not be transferable.

(6) The Director may refuse to grant of renew a licence if it appears to him-

(a) that, having regard to the size or location of a fish culture zone, the grant or renewal of a licence would cause overcrowding of the fish culture zone or would otherwise not be in the best interests of fish culture

or Men culture outside th cultare zunë.

Goast of icces kod

Dunewal