1964_MARINE_FISH_CULTURE_ORDINANCE — Page 8

1983 Ed.]

Marine Fish Culture

[CAP. 353

7.

(b) maintain fish in captivity within the waters of Hong Kong for purposes other than the propagation or promotion of growth of such fish.

(2) The Director may cancel or refuse to renew a permit----

(a) on the ground that the permittee has-

(i) contravened any of the provisions of this Ordinance or any regulations made thereunder;

(ii) contravened his permit;

(iii) failed or is unable or incompetent to carry out the purposes of his permit; or

(iv) failed to provide adequate management or supervi- sion of the fish culture or other operations permitted under his permit; or

(b) in the public interest.

(3) Where the Director refuses to grant a permit under subsec- tion (1), or cancels or refuses to renew a permit under subsection (2), he shall, where practicable, send to the applicant or the person who was the holder of the permit, as the case may be, a notice of the refusal or cancellation and state in the notice the reasons for the refusal or cancellation.

15. No licence or permit shall be construed as granting any right to-

(a) occupy or use any land, whether the same be covered by

water or not; or

(b) the exclusive use of any water,

except for the purposes of this Ordinance.

16. (1) Any person aggrieved by a decision of the Director to cancel a licence or permit, or to refuse to grant or renew a licence or permit, may, within 21 days after the receipt of a notice under section 8(7), 9(2) or 14(3), as the case may be, or within such further period as the Governor may in any particular case allow, appeal by way of petition to the Governor.

(2) The Governor may, when considering an appeal under subsection (1), confirm, vary or reverse the decision.

(3) The decision of the Governor on any such appeal shall be final.

(4) Where an appeal is lodged in accordance with subsec- tion (1)-

(a) against a decision of the Director to cancel, or to refuse to grant, a licence or permit, the decision shall not become effective pending the determination of the appeal by the Governor; or

Limitation of rights under licences or permits.

Right of appeal.