TNAG-1723-FCO40-2436-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 55

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HONG KONG LEGISLATIVE COUNCIL 13 January 1988

rond Reading of Bills

MARINE FISH (MARKETING) (AMENDMENT) BILL 1987

631

THE FINANCIAL SECRETARY moved the Second Reading of: ‘A Bill to amend the Marine Fish (Marketing) Ordinance'.

He said: Sir, I move that the Marine Fish (Marketing) (Amendment) Bill 1987 be read a Second time.

The purpose of this Bill is to amend the Marine Fish (Marketing) Ordinance by increasing the maximum fine that may be prescribed for offences against the Ordinance, the regulations and the by-laws of the Fish Marketing Organisation, and to remove the offence of buying fish wholesale other than at a wholesale fish market.

The Marine Fish (Marketing) Ordinance is intended mainly to promote the orderly landing and wholesale marketing of marine fish. To this end, the Ordinance prohibits the wholesale of marine fish other than at a market, and the landing of marine fish other than at a place specified in the regulations unless a permit to do so has been obtained.

The illegal wholesale of marine fish is on the increase. Criminal elements are suspected to be involved. Between September 1985 and May 1987, there were 189 successful prosecutions. But it has become clear that the maximum penalties no longer serve as an effective deterrent. Following consultation with the Fight Crime Committee, it is considered necessary to increase the maximum penalties in line with penalties for other comparable offences. The Bill thus provides that the maximum fine be increased from $500 to $5,000 in respect of resisting arrest or obstructing any search, seizure, detention or arrest, and for contravention of the by-laws of the Fish Marketing Organisation, and from $1,000 to $10,000 in respect of the illegal landing and wholesale of marine fish and for contravention of the regulations. The maximum term of imprisonment of six months provided for in the Ordinance remains the same.

Sir, the Bill also seeks to improve the operation of the Marine Fish (Marketing) Ordinance by providing that those who purchase fish at an illegal market will no longer be guilty of an offence, and by expanding the definition of 'sell', so as to make it an offence to offer or expose for sale or possess for the purpose of sale marine fish, if the transaction takes place other than at a wholesale fish market. 'Sale' in this context, of course, refers to sale by wholesale not retail. These amendments should enable the police to mount more effective operations against those actually involved in the illegal sale or any associated activities.

The proposed amendments that I have mentioned above have been drawn up in close consultation with the major fishermen's organisations.