TNAG-1953-FCO40-2782-Trade-of-rare-and-endangered-species-in-Hong-Kong-1989 — Page 42

G.F. 324

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Similarly, clause 12(1)(b) of the Bill extends the power of an authorized officer under the Ordinance to enable him to st op and search any person who is suspected of possessing any scheduled species or controlled medicines

without a licence.

16

Under the existing legislation, a magistrate can grant a warrant for an authorized officer to enter and search a place or premises if he is satisfied that

there is, in any place or premises, any scheduled species liable to seizure. Clause 12 (2)

12(2) of the

the Bill extends the magistrate's power to issue a a warrant for search of documentary evidence related to suspected contravention of the restrictions on import or export or possession or

or licensing requirement for scheduled species

and controlled medicines.

Forfeiture

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There is current ly no provision in the Ordinance for the forfeiture and disposal of seized specimens where no prosecution has been brought . A seizure may involve live specimens which are difficult to keep in captivity or specimens which are perishable. Clauses 12(5)

12(5) and 14(3) of the Bill introduce provisions for DAF

for DAF to apply for an order from the court for the forfeiture of seized specimens and their containers, and the immediate disposal at his discretion of any live or perishable specimens.

The Bill

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In summary,

the Bill seeks to prohibit the trade in medicines containing

containing rhinoceros

rhinoceros ingredient s and to int roduce additional provisions to tighten up the control on trade in endangered species in general. It also seeks to increase the maximum fines to provide the necessary deterent.

Legislative Timetable

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Subject to Members' approval of the introduction of this Bill into the Legislative Council, the legislative timetable will be

Publication in the Gazette

First Reading and commencement of Second Reading debate

Resumption of Second Reading debate, committee stage and Third Reading

19 May 1989

31 May 1989

to be notified

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