TNAG-1953-FCO40-2782-Trade-of-rare-and-endangered-species-in-Hong-Kong-1989 — Page 65

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4.

Clause 3 also adds a new section 2B to the Ordinance.

This

new section is a deeming provision and principally concerns articles

which are not easily recognizable as parts or derivatives of

endangered species. Where an article is claimed (e.g. by an

advertisement) to be a scheduled species or a controlled medicine

then it will be so deemed accordingly.

5.

Clauses 4(2), 5(2), 6(2), 9, 10(2), 11(2) and 13 amend the

relevant sections of the Ordinance by increasing the financial

penalties prescribed in those sections. The existing penalties were

originally prescribed in 1976.

6.

The new

Clause 8 adds a new section 7A to the Ordinance.

section provides penalties for furnishing false information in

applications for the issue of licences under the Ordinance and making

false claims in respect of scheduled species and controlled

medicines.

7.

Clause 12 extends the present powers of search contained in

section 11 of the Ordinance to controlled medicines and to other

sections in the Ordinance.

8.

Clause 12(5) also amends section 11 of the Ordinance to

provide for the early release by the Director of Agriculture and

Fisheries of animals which have been seized but because of their diet

or habitat, etc. would otherwise die or suffer unnecessarily if not

so released,

g.

Clause 14(3) amends section 13 of the Ordinance to provide

for the return or forfeiture of seized scheduled species or

controlled medicines where no prosecution has been brought in respect

of those scheduled species or medicines.

This amendment is an

extension of the present powers to return or forfeit scheduled