1964_FISHERIES_PROTECTION_ORDINANCE — Page 4

1987 Ed.]

Fisheries Protection

[CAP. 171

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(c) the prohibition or restriction of the taking of any variety of fish, or fish of any size, from the waters of Hong Kong; (Amended, 68 of 1987, s. 5)

(d) the prohibition or restriction of the use of any specified kinds of net or of nets having a mesh of any specified size for the purpose of fishing;

(e) the conservation of oysters and oyster beds;

(f) the prohibition or restriction of the collection, removal or destruction of any variety of fish spawn or turtle eggs;

(g) the protection of spawning areas;

(h) generally, the protection or regulation of fishing.

(2) Regulations made under this Ordinance may provide that contravention of any of the provisions of such regulations shall constitute an offence and may prescribe penalties therefor not exceeding $10,000 and imprisonment for 6 months. (Amended, 68 of 1987, s. 5)

5. (1) The Director or any authorized officer, fisheries in- spector or police officer may without warrant-

(a) board and search any vessel or any part thereof;

(b) seize, remove and retain any fish or other article or thing whether found on board any vessel or in any other place, in respect of which it appears to him that any offence against this Ordinance has been committed or which appears to him to constitute evidence of any such offence having been committed.

(2) The Director or any authorized officer or any police officer of the rank of inspector and above may enter and search without warrant any premises or place used or reasonably suspected of being used either wholly or in part for the storage of fish in respect of which he has reason to believe an offence against this Ordinance has been committed, or for the storage of any other article or thing capable of being used in the commission of an offence against this Ordinance.

(Amended, 68 of 1987, s. 6)

6. (1) Where a magistrate is satisfied that an offence against this Ordinance has been committed in respect of any fish or any other article or thing seized under the provisions of section 5, whether or not any person has been convicted in respect of such offence, the magistrate shall order such fish or other article or thing to be forfeited to the Crown.

(2) Notwithstanding anything contained in subsection (1), where any fish is seized under section 5, the Director or any authorized officer may cause such fish to be sold or otherwise disposed of prior to application being made for the forfeiture thereof, and the proceeds thereof retained in lieu, and if in any such

Power of search and seizure.

Forfeiture of things in respect of which offences are committed.