1964_AGRICULTURAL_PESTICIDES_ORDINANCE — Page 8

HK Historical Laws 香港歷史法例 All AI Reviewed

1977 Ed.]

Agricultural Pesticides

[CAP. 133

15. (1) If it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any place or premises any agricultural pesticide in respect of which an offence under this Ordinance is being or has been committed, the magistrate may by warrant authorize any inspector or member of the Customs and Excise Service with such assistants as may be necessary to enter the place or premises, by force if necessary, and search the place or premises named in the warrant.

(2) In any premises or place entered pursuant to subsection (1) an inspector or member of the Customs and Excise Service may-

(a) seize and detain any article, document or thing which appears to him to be or to contain evidence of an offence under this Ordinance;

(b) open and examine any article, document or thing specified in paragraph (a).

(3) An inspector upon production of his authority as an inspector or any member of the Customs and Excise Service may, at any time between the hours of 9 a.m. and 6 p.m., without a warrant enter any premises or place in or upon which he reasonably suspects any agricultural pesticide is kept, stored, sold or offered or exposed for sale and may-

(a) require the production of—

(i) any licence or permit; or

(ii) any document which relates to the origin or nature of any agricultural pesticide or which he suspects to be relevant to an offence under this Ordinance;

(b) examine and take copies of any licence or permit or of any document referred to in paragraph (a); and

(c) require such other information and take, on payment therefor, such samples as may be necessary for the purposes of the inspection.

(Amended, 46 of 1977, s. 18)

16. Any person who is aggrieved by any decision of the Director under this Ordinance may, within 28 days after the receipt of the notification of the decision, appeal therefrom to the Governor and on any such appeal the Governor may confirm, vary or revoke the decision of the Director.

17. (1) Any person who contravenes section 7 or 8 commits an offence and is liable on conviction to a fine of $50,000 and to imprisonment for 1 year.

(2) Any holder of a licence who contravenes any of the conditions of his licence or any holder of a permit who contravenes any of the conditions of his permit commits an offence and is liable on conviction to a fine of $25,000 and to imprisonment for 6 months.

7

Powers of entry, seizure, etc.

Appeals.

Offences and penalties.

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1977 Ed.] Agricultural Pesticides [CAP. 133 15. (1) If it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any place or premises any agricultural pesticide in respect of which an offence under this Ordinance is being or has been committed, the magistrate may by warrant authorize any inspector or member of the Customs and Excise Service with such assistants as may be necessary to enter the place or premises, by force if necessary, and search the place or premises named in the warrant. (2) In any premises or place entered pursuant to subsection (1) an inspector or member of the Customs and Excise Service may- (a) seize and detain any article, document or thing which appears to him to be or to contain evidence of an offence under this Ordinance; (b) open and examine any article, document or thing specified in paragraph (a). (3) An inspector upon production of his authority as an inspector or any member of the Customs and Excise Service may, at any time between the hours of 9 a.m. and 6 p.m., without a warrant enter any premises or place in or upon which he reasonably suspects any agricultural pesticide is kept, stored, sold or offered or exposed for sale and may- (a) require the production of— (i) any licence or permit; or (ii) any document which relates to the origin or nature of any agricultural pesticide or which he suspects to be relevant to an offence under this Ordinance; (b) examine and take copies of any licence or permit or of any document referred to in paragraph (a); and (c) require such other information and take, on payment therefor, such samples as may be necessary for the purposes of the inspection. (Amended, 46 of 1977, s. 18) 16. Any person who is aggrieved by any decision of the Director under this Ordinance may, within 28 days after the receipt of the notification of the decision, appeal therefrom to the Governor and on any such appeal the Governor may confirm, vary or revoke the decision of the Director. 17. (1) Any person who contravenes section 7 or 8 commits an offence and is liable on conviction to a fine of $50,000 and to imprisonment for 1 year. (2) Any holder of a licence who contravenes any of the conditions of his licence or any holder of a permit who contravenes any of the conditions of his permit commits an offence and is liable on conviction to a fine of $25,000 and to imprisonment for 6 months. 7 Powers of entry, seizure, etc. Appeals. Offences and penalties.
Baseline (Original)
! 1977 Ed.] Agricultural Pesticides [CAP. 133 15. (1) If it appears to a magistrate upon the oath of any per- son that there is reasonable cause to suspect that there is in any place or premises any agricultural pesticide in respect of which an offence under this Ordinance is being or has been committed, the magistrate may by warrant authorize any inspector or member of the Customs and Excise Service with such assistants as may be necessary to enter the place or premises, by force if necessary, and search the place or premises named in the warrant. (2) In any premises or place entered pursuant to subsection (1) an inspector or member of the Customs and Excise Service may- (a) seize and detain any article, document or thing which appears to him to be or to contain evidence of an offence under this Ordinance; (b) open and examine any article, document or thing specified in paragraph (a). (3) An inspector upon production of his authority as an inspector or any member of the Customs and Excise Service may, at any time between the hours of 9 a.m. and 6 p.m., without a warrant enter any premises or place in or upon which he reasonably suspects any agricultural pesticide is kept, stored, sold or offered or exposed for sale and may- (a) require the production of— (i) any licence or permit; or (ii) any document which relates to the origin or nature of any agricultural pesticide or which he suspects to be relevant to an offence under this Ordinance; (b) examine and take copies of any licence or permit or of any document referred to in paragraph (a); and (c) require such other information and take, on payment therefor, such samples as may be necessary for the purposes of the inspection. (Amended, 46 of 1977, s. 18) 16. Any person who is aggrieved by any decision of the Director under this Ordinance may, within 28 days after the receipt of the notification of the decision, appeal therefrom to the Governor and on any such appeal the Governor may confirm, vary or revoke the decision of the Director. 17. (1) Any person who contravenes section 7 or 8 commits an offence and is liable on conviction to a fine of $50,000 and to im- prisonment for 1 year. (2) Any holder of a licence who contravenes any of the con- ditions of his licence or any holder of a permit who contravenes any of the conditions of his permit commits an offence and is liable on conviction to a fine of $25,000 and to imprisonment for 6 months. 7 Powers of entry, seizure, etc. Appeals. Offences and penalties.
2026-05-04 02:21:46 · Baseline
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!

1977 Ed.]

Agricultural Pesticides

[CAP. 133

15. (1) If it appears to a magistrate upon the oath of any per- son that there is reasonable cause to suspect that there is in any place or premises any agricultural pesticide in respect of which an offence under this Ordinance is being or has been committed, the magistrate may by warrant authorize any inspector or member of the Customs and Excise Service with such assistants as may be necessary to enter the place or premises, by force if necessary, and search the place or premises named in the warrant.

(2) In any premises or place entered pursuant to subsection (1) an inspector or member of the Customs and Excise Service may-

(a) seize and detain any article, document or thing which appears to him to be or to contain evidence of an offence under this Ordinance;

(b) open and examine any article, document or thing specified

in paragraph (a).

(3) An inspector upon production of his authority as an inspector or any member of the Customs and Excise Service may, at any time between the hours of 9 a.m. and 6 p.m., without a warrant enter any premises or place in or upon which he reasonably suspects any agricultural pesticide is kept, stored, sold or offered or exposed for sale and may-

(a) require the production of—

(i) any licence or permit; or

(ii) any document which relates to the origin or nature of any agricultural pesticide or which he suspects to be relevant to an offence under this Ordinance;

(b) examine and take copies of any licence or permit or of any

document referred to in paragraph (a); and

(c) require such other information and take, on payment therefor, such samples as may be necessary for the purposes of the inspection.

(Amended, 46 of 1977, s. 18)

16. Any person who is aggrieved by any decision of the Director under this Ordinance may, within 28 days after the receipt of the notification of the decision, appeal therefrom to the Governor and on any such appeal the Governor may confirm, vary or revoke the decision of the Director.

17. (1) Any person who contravenes section 7 or 8 commits an offence and is liable on conviction to a fine of $50,000 and to im- prisonment for 1 year.

(2) Any holder of a licence who contravenes any of the con- ditions of his licence or any holder of a permit who contravenes any of the conditions of his permit commits an offence and is liable on conviction to a fine of $25,000 and to imprisonment for 6 months.

7

Powers of entry,

seizure, etc.

Appeals.

Offences and penalties.

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