636310-1897-Circular-Despatch-Importation-of-Dogs — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 3RD JULY, 1897.

Restriction on Granting of Licences.

573

5. An applicant for a Licence to be granted under this Order for the landing of a dog will be re- quired to satisfy the Board that proper and suitable arrangements can be made for such detention and isolation of the dog as appears to the Board to be necessary or desirable.

Proceedings under Customs Acts for Unlawful Landing.

6.-(1.) If any person lands or attempts to land a dog in contravention of this Order, he shall be liable, under and according to the Customs Acts, to the penalties imposed on persons importing or attempting to import goods the importation whereof is prohibited by or under the Customs Acts, without prejudice to any proceedings against him under the Act of 1894 for an offence against that Act. (2.) The dog in respect whereof the offence is committed shall be forfeited under and according to the Customs Acts in like manner as goods the importation whereof is prohibited by or under the Customs Acts.

Extension of certain Sections of Diseases of Animals Act, 1894.

7. Dogs shall be animals, and rabies shall be a disease, for the purposes of this Order and of the following sections of the Act of 1894 (namely):

Section forty-three (powers of police);

Section forty-four (powers of inspectors); Section fifty-six (unlawful landing) ;

and also for the purposes of all other sections of the said Act containing provisions relative to or con- sequent on the provisions of those sections and this Order, including such sections as relate to offences or procedure.

Local Authority to enforce Order.

8. The provisions of this Order, except where it is otherwise provided, shall be executed and enforced by the Local Authority.

Offences.

9.-(1.) If a dog is moved in contravention of this Order or of the conditions of a Licence grant- ed thereunder, the owner of the dog, and the person for the time being in charge thereof, and the person causing, directing, or permitting the movement, and the person moving or conveying the dog, and the consignee or other person receiving or keeping it knowing it to have been moved in contra- vention as aforesaid, and the occupier of the place from which the dog is moved, shall, each according to and in respect of his own acts and defaults, be deemed guilty of an offence against the Act of 1894. (2.) If a dog is landed in contravention of this Order, the owner and the charterer and the master of the vessel from which it is landed, and the owner of the dog, and the person for the time being in charge thereof, and the person causing, directing, or permitting the landing, and the person landing the same, and the consignee or other person receiving or keeping it knowing it to have been landed in contravention as aforesaid, shall, each according to and in respect of his own acts and defaults, be deemed guilty of an offence against the Act of 1894.

(3.) If a dog is not kept isolated as required by this Order, or by the conditions of a Licence granted thereunder, the owner of the dog, and the person for the time being in charge thereof, and the occupier of the place where seh dog is detained, and the person failing or neglecting to isolate the dog, shall, each according to and in respect of his own acts defaults or omissions, be deemed guilty of an offence against the Act of 1894.

(4.) If a person with a view to unlawfully evade or defeat the operation of this Order, or of the conditions of a Licence granted thereunder, allows a dog to stray, lie shall be deemed guilty of an offence against the Act of 1894.

Interpretation.

10. In this Order, unless the context otherwise requires,

"The Board" means the Board of Agriculture :

"The Act of 1894" means the Diseases of Animals Act, 1894 :

"Master" includes a person having the charge or command of a vessel :

Other terms have the same meaning as in the Act of 1894.

Extent.

11. Except where otherwise expressed this Order extends to Great Britain.

Commencement.

12. This Order shall come into operation on the fifteenth day of September, one thousand eight hundred and ninety-seven.

Short Title.

13. This Order may be cited as the IMPORTATION OF DOGS ORDER of 1897.

In witness whereof the Board of Agriculture have hereunto set their Official Seal this

seventh day of May, one thousand eight hundred and ninety-seven.

L..S.

T. H. Elliott,

Secretary.