Limitation of rlebt under
licences pr Bermhs.
appcel.
Power of
acliure, co
(Cap 291.)
where practicable, scod to the applicant or the person who was the holder of the permit, as the case may be, a notice of the refusal or cancellation and state in the notice the reasons for the refusal or cancellation.
15. No licence or permit shall be construed as granting any right to-
occupy or use any land, whether the game be covered by water or not, or
(a)
(8) the exclusive use of any water, except for the purposes of this Ordinance.
16. (1) Any person aggrieved by a decision of the Director to cancel a licence or permit, or to refuse to grant or renew a licence or permit, may, within 21 days after the receipt of a notice under section 8(7), 9(2) or 14(3), as the case may be, or within such further period as the Governor may in any particular case allow, appeal by way of petition to the Governor.
(2) The Governor may, when considering an appeal under subsection (1), confirm, vary or reverse the decision.
(3) The decision of the Governor on any such appeal shall be final. (4) Where an appeal is lodged in accordance with subsection (1) (0) against a decision of the Director to cancel, or to refuse to grant, a licence or permit, the decision shall not become effective peoding the determination of the appeal by the Governor; or
(6) against a decision of the Director to refuse to renew a licence or permit, the licence or permit (if expired) shall be deemed to continue in force according to its terma and conditions until the determination of the appeal by the Governor, and if the effect of the decision of the Governor in that the licence or permit shall be renewed by the Director, until such time as is necessary to renew the licence or permit.
17. (1) Subject to subsection (2), the Director or an authorized officer may, without warrant
(4) board and search any vessel or raft in respect of which he has reason to believe that any offence under this Ordinance has been committed; and
(b) seize, remove and detain any raft of impoundment, and any fish, equipment or other thing found on board any vessel or on or in any raft or within any impovadment, in respect of which be has reason to believe that any offence under this Ordinance has been committed or that it constitutes evidence of any such offence having been committed.
(2) Subsection (1) shall not apply to-
(d) any ship required to be provided with a certificate referred to in
section 301) of the Merchant Shipping Ordinance; and
(b) any vessel for the time being used for any purpose by Her Majesty's Government, the Government of Hong Kong or any State
(3) The Director or an authorized officer may seize, remove, sell or otherwise dispose of any raft or impoundment found sunken, stranded, abandoned or adrift within a fish culture zone and any fish, equipment or other thing found on or in any such raft or within any such impoundment.
7
Dospect of
18. (1) Where a magistrate is satisfed that an offence under section 6 Forfeiture of has been committed in respect of any raft, impoundment, fish, equipment clogs In or other thing seized under section 17, whether or not any person has which offence been convicted of such offence, the magistrate shall order such raft, are committed. impoundment, fish, equipment or other thing to be forfeited to the Crow unless he is satisfied that it would not be just to do so or that thote is other good reason why he should not do so.
(2) Without prejudice to subsection (1), where any fish to which that subsection applies is scized under section 17, the Director or an authorized officer may cause the fish to be gold or otherwise disposed of, and where the fish is sold-
(a) if a magistrate is satisfied that an offence under section 6 bus been committed in respect of the fish, be shall order the proceeds of sale to be forfeiled to the Crown unless he is satisfied that it would not be just to do so or that there is other good reason why he should not do so; and
(6) if a magistrate does not order forfeiture, he shall order the proceeds of sale to be paid to the person who establishes a claim thereto within 6 months after the date of the order, but if no such claim is made or established the proceeds shall be paid into the general revenue of Hong Kong.
(3) Where any fish is sold under subsection (2), the Director may recover from the proceeds of sale any expenses incurred by him in respect of the seizure, removal, storage and sale of the fish.
19. (1) The Director or an authorized officer may arrest any person Power of whom he has reasonable grounds to believe has contravened any of the arrest. provisions of section 6 or 11.
(2) If any person forcibly resists an endeavour to arrest him under this section, or attempts to evade such arrest, the person effecting the arrest may use all reasonable means necessary to effect the arrest,
(3) Every person arrested under this section shall, as soon as the circumstances permit and in any event within 24 hours of his arrest, be given into the custody of a police officer.
(4) Whenever an arrested person is given into the custody of a police officer the provisions of sections 51 and 52 of the Police Force Ordinanca (Cap. 232) shall apply.
20. Any person who
(a) obstructs (be Director or an authorized officer in the exercise of any power or the performance of any duty or function conferred or imposed on the Director or an authorized officer by this Ordinance; or
(6) fails to comply with any instruction given under this Ordinance, commils an offence.
Obinruction.
elt.
21. (1) Any person who commits an offence under section 6 is liable Perollies.
to a fine of $20,000 and to imprisonment for | year, and in the case of
a continuing offence to a further daily penalty of $500.
(2) Any person who commits an offence under section 11 is liable to
a fine of $20,000 and to imprisonment for 1 year.
(3) Any person who commits an offence under section 7, 12, 13 or 20 is liable to a fine of $5,000 and to imprisonment for 6 months,
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