1984 Ed.]
Pearl Culture { Control}
[CAP. 307
5
substance or thing in such a place or in such a manner as to injure or to be likely to injure any pearl oyster in any cultivation area or to pollute or to be likely to pollute the waters in any such area,
shall be guilty of an offence, and shall be liable to a fine of $20,000 and to imprisonment for 12 months. (Amended, 32 of 1960, s. 6 and 41 of 1980, s. 50)
(2) No offence under subsection (1) is committed by a person who makes a discharge or deposit under and in accordance with-
(a) a licence granted under section 20 of the Water Pollution Control Ordinance, or
(b) an exemption which arises under section 15 of that Ordinance. (Added, 41 of 1980, s. 50)
10. All pearl oysters which are within the boundaries of any cultivation area, whether collected or not, shall be the absolute property of the licensee, if any, of such area.
11. Any fisheries inspector or assistant fisheries inspector may without warrant-
(a) board any vessel and search the same and every part thereof; and
(b) seize, remove and retain any pearl oysters or pearls in respect of which he finds or has reasonable cause to suspect that an offence against this Ordinance has been committed, and, in the case of any such pearl oysters which are alive, may return them to their natural habitat.
12. (1) It shall be lawful for any fisheries inspector or any assistant fisheries inspector to apprehend without warrant any person whom he may reasonably suspect of having contravened any of the provisions of section 8(1) or of section 9.
(2) If any person forcibly resists an endeavour to arrest him under this section or attempts to evade such arrest, the person effecting the arrest may use all reasonable means necessary to effect the arrest.
(3) Every person apprehended under this section shall, as soon as circumstances permit, be delivered into the custody of a police officer.
13. (1) It shall be lawful for a magistrate to order to be forfeited to the Crown any pearl oysters or pearls with respect to which an offence against this Ordinance or any regulations made thereunder has been committed, whether any person has been convicted of such offence or not, and upon the making of such order for forfeiture all such pearl oysters or pearls, as the case may be, shall become the property of the Crown free from all rights of any other person.
(Cap. 358.)
Property in pearl oysters.
Power of search and seizure.
Power of arrest.
Forfeiture.
1984 Ed.]
Pearl Culture { Control}
[CAP. 307
5
substance or thing in such a place or in such a manner as to injure or to be likely to injure any pearl oyster in any cultivation area or to pollute or to be likely to pollute the waters in any such area,
shall be guilty of an offence, and shall be liable to a fine of $20.000 and to imprisonment for 12 months. (Amended, 32 of 1960, s. 6 and 41 of 1980, s. 50)
(2) No offence under subsection (1) is committed by a person who makes a discharge or deposit under and in accordance with-
(a) a licence granted under section 20 of the Water Pollution
Control Ordinance, or
(b) an exemption which arises under section 15 of that Ordin-
ance. ( Added, 41 of 1980, s. 50)
10. All pearl oysters which are within the boundaries of any cultivation area, whether collected or not, shall be the absolute property of the licensee, if any, of such area.
11. Any fisheries inspector or assistant fisheries inspector may without warrant-
(a)
board any vessel and search the same and every part thereof; and
(h) seize, remove and retain any pearl oysters or pearls in respect of which he finds or has reasonable cause to suspect that an offence against this Ordinance has been committed, and, in the case of any such pearl oysters which are alive, may return them to their natural habitat.
12. (1) It shall be lawful for any fisheries inspector or any assistant fisheries inspector to apprehend without warrant any person whom he may reasonably suspect of having contravened any of the provisions of section 8(1) or of section 9.
(2) If any person forcibly resists an endeavour to arrest him under this section or attempts to evade such arrest, the person effecting the arrest may use all reasonable means necessary to effect the arrest.
(3) Every person apprehended under this section shall, as soon as circumstances permit, be delivered into the custody of a police officer.
13. (1) It shall be lawful for a magistrate to order to be forfeited to the Crown any pearl oysters or pearls with respect to which an offence against this Ordinance or any regulations made thereunder has been committed, whether any person has been convicted of such offence or not, and upon the making of such order for forfeiture all such pearl oysters or pearls, as the case may be, shall become the property of the Crown free from all rights of any other person.
(Cap. 358.)
Property in pearl oysters.
Power of search and seizure.
Power of arrest.
Forfeiture.
No comments yet.
Private notes are available after approval.