1980-HKRS28-16-28_Part01 — Page 7

Cancel

of Heeseen.

JOUNESIMIT

Or give

ructio

oo fab colique,

Protection or

Laverteccace with rafts or impoundme TICK afiah therein.

(B) that any raft or impoundment used or to be used by the applicant for the purpose of fish culture docs not comply with any of the provisions of this Ordinance or any regulations made thereunder.

(7) Where the Director refuses to grant or renew a licence under subsection (6) be shall send to the applicant a notice of the refusal and state in the notice the reasons for the refusal

9.

(1) The Director may cancel a licence--

(a)

an any ground specified in section 8(6) which would have entitled him to refuse to grant or renew a licence:

(b) on the ground that the licensee har

✪ contravened any of the provisions of this Ordinance or any regulations made thereunder;

(ii) contravened his licence;

(ii) failed or is unable or incompetent to carry out the purposes of his licence; or

(iv) failed to provide adequate management or supervision of any raft or impoundment in respect of which the licence is valid.

(2) Where the Director cancels a licence under subsection (1) he shalt, where practicable, send to the person who was the holder of the licence a notice of the cancellation and state in the notice the reasons for the cancellation.

10. (1) The Director may give to all or any licensees instructions in writing as to...

(e) any matter concerning fish culture:

(b) the disposal or destruction of any fish within any site found or

suspected to be suffering from any infectious disease; or

(c) the disposal of any noxious or waste matter resulting from the

collecting or harvesting of fish.

(2) It shall be a condition of every licence that the licensee shall carry out, or cause to be carried out, to the satisfaction of the Director, within the site in respect of which bis licence is granted, any instructions given to him onder subsection (1).

11. Any person whe, without reasonable excuse, deposits, or causes or permits to be deposited, either on land or in the sea, any chemical or other substance or thing in such a place or in such a manner 16-

(2) to injure or to be likely to injure any fish in any fish culture

Zone; or

(6) to pollute or to be likely to pollute the waters in any fish culture

zone,

commits an offence..

12 (1) Subject to subsection (2), any person who wilfully-

(a) moves, damages or otherwise interferes with any raft or impound-

ment that is lawfully within a sile; or

(8) removes any fish from, or injures or otherwise interferes with

any fish within, such a raft or impoundment,

commits an offence.

(2) Subsection (1) shall not apply to any act prohibited by that sub- action if such act i6-

(2) authorized by or under this or any other Ordinance;

(b) committed by the owner of the raft or impoundment, or of the

fish therein or with such owner's consent; or

(4) commilled in a case of emergency or stress of weather to save life or property or for the safety of any cast or impoundment, or of any lish therein.

(3. (1) Subject to subsection (3)u), any person who causes or permits Provibutor of any vessel to enter or remain in a fish culture zane conumils an offence, unauthorized

vesarla coc.

YONGS.

(2) Subject to subsection (38), any person who causes or permits culture any taft or impoundment to enter or remain or to be constructed in a fish culture zone otherwise than under and in accordance with a licence

ne permit granted to him commits an offence.

(3) (a) Subsection (1) shall not apply to any act prohibited by that

subsection if such net ism

(1) commitled for the purposes of or in connexion with Ash culture operations;

(ii) authorized in writing by the Director or

(i)) committed in a case of emergency or stress of weather to save life or property or for the safety of the vessel concerned.

(b) Subsection (2) shall not apply where a raft or impoundment is caused or permitted to enter or remain in a fish culture zona ja a cast of emergency or stress of weather to save life or property or for the safety of the raft or impoundment, or of any fish

therein.

PART II

GENERAL

14. (1) The Director may, subject to such conditions as he thinks fit. grant to any person a permit, and renew such permit, to-

(u) engage in fish culture within the waters of Hong Kong solely for

the purposes of scientific research; or

(8) maintain fish in captivity within the waters of Hong Kong for purposes other than the propagation or promotion of growth of auch fish.

(2) The Director may cancel or refuse to renew a permit-

(a) on the ground that the permittee has-

(1) contravened any of the provisions of this Ordinance or any regulations made thereunder;

(ii) contravened his permit

(ii) failed or is unable or incompetent to carry out the purposes of his permit; or

(iv) failed to provide adequate management or supervision of the fish culture or other operations permitted under his permit; or (8) in the public interest.

(3) Where the Director refuses to grant a permit under subsection (1), or cancels or refuses to renew a permit under subsection (2), he shall,

Director may

grunt permNLY.

uld

cu