1980 Ed.]
Wild Animals Protection
[CAP. 170
whether in the possession of such person or not, in respect of which the authorized officer has reason to believe that the offence was committed.
(3) Where an authorized officer arrests a person under sub-section (2) he shall forthwith take such person to the nearest police station and shall there hand him over to the custody of a police officer and thereupon the provisions of section 52 of the Police Force Ordinance shall apply.
(4) If any thing seized under subsection (2) is perishable, the Director may cause it to be sold or otherwise disposed of forthwith.
18. Any person who-
(a) contravenes section 4, 5, 7, 8, 9 or 13; (Amended, 58 of 1980, s. 10)
(b) without lawful excuse fails to comply with a requirement of an authorized officer under section 17(1); or
(c) wilfully resists or obstructs an authorized officer exercising any power under section 17(2),
shall be guilty of an offence and-
(i) if the offence was committed in respect of a protected wild animal, shall be liable on conviction to a fine of $5,000; and (ii) in any other case, shall be liable on conviction to a fine of $3,000.
19. Where in any proceedings for an offence under section 8 or 9 (read with section 18) it is alleged that-
(a) any protected wild animal was killed or taken in Hong Kong; or
(b) any nest or egg of any protected wild animal was taken in Hong Kong,
it shall be so presumed, until the contrary is proved by the person charged with the offence.
(Amended, 58 of 1980, s. 11)
20. Where a person is convicted of an offence under section 18, a magistrate may order-
(a) any protected wild animal, or part of any protected wild animal;
(b) any nest or egg of any protected wild animal; or
(c) any arms, hunting appliance, live decoy or device for the emission of recorded noises,
in respect of which the offence is committed to be forfeited to the Crown.
(Amended, 58 of 1980, s. 12)
(Cap. 232.)
Offences and penalty.
Burden of proof.
Forfeiture.
5
1980 Ed.]
Wild Animals Protection
[CAP. 170
whether in the possession of such person or not, in respect of which the authorized officer has reason to believe that the offence was committed.
(3) Where an authorized officer arrests a person under sub- section (2) he shall forthwith take such person to the nearest police station and shall there hand him over to the custody of a police officer and thereupon the provisions of section 52 of the Police Force Ordinance shall apply.
(4) If any thing seized under subsection (2) is perishable, the Director may cause it to be sold or otherwise disposed of forthwith.
18. Any person who-
(a) contravenes section 4, 5, 7, 8, 9 or 13; (Amended, 58 of
1980, s. 10)
(b) without lawful excuse fails to comply with a requirement
of an authorized officer under section 17(1); or
(c) wilfully resists or obstructs an authorized officer exercising
any power under section 17(2),
shall be guilty of an offence and-
(i) if the offence was committed in respect of a protected wild animal, shall be liable on conviction to a fine of $5,000; and (ii) in any other case, shall be liable on conviction to a fine
of $3,000.
19. Where in any proceedings for an offence under section 8 or 9 (read with section 18) it is alleged that-
(a) any protected wild animal was killed or taken in Hong
Kong; or
(b) any nest or egg of any protected wild animal was taken
in Hong Kong,
it shall be so presumed, until the contrary is proved by the person charged with the offence.
(Amended, 58 of 1980, s. 11)
20. Where a person is convicted of an offence under section 18,
a magistrate may order-
(a) any protected wild animal, or part of any protected wild
animal;
(b) any nest or egg of any protected wild animal; or
(c) any arms, hunting appliance, live decoy or device for the
emission of recorded noises,
in respect of which the offence is committed to be forfeited to the Crown.
(Amended, 58 of 1980, s. 12)
(Cap. 232.)
Offences and penalty.
Burden of proof.
Forfeiture.
5
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