WILD BIRDS ORDINANCE, 1922

WILD BIRDS ORDINANCE, 1922

No. 15 of 1922.
An Ordinance to make provision for the protection of
certaind wild birds and game.

[1st September, 1922.]

1. This Ordinance may be cited as the Wild Birds Ordi-
nance, 1922.

2. Game and vermi a shall have such meanings as
may be assigned to them for the purposes of this Ordinance
by regulations made under this Ordinance.

3. No person shall -

(1) kill, wound or take any bird other than game and
verinia;

(2) take, remove, injure or destroy any nest or egg of any
such bird;

(3) sell or offer for sale, or knowingly have in his posses-
sion, any such bird or any part of any such bird, killed,
wounded or taken in the Colony after the commencement of
this Ordinance, or the nest or any egg of any such bird,
taken in the Colony after the commencement of this Ordi-
nance; or

(4) export the skin or plumage of any such bird killed,
wounded or taken, or the nest or any egg of any such bird
taken, in the Colony after the commencement of this
Ordinance.

4.-(1) No person shall kill, wound or take any game
without having previously obtained a licence from the
Captain Superintendent of Police.

(2) Every such licence shall be subject to any regulations
or other enactments in force for the time being.

(3) Every such licence may be revoked at any time by the
Captain Superintendent of Police in his discretion, if the
holder thereof commits or attempts to commit any breach of
the provisions of this Ordinance, or of any of the regulations
made thereunder, or of any of the conditions of the said
licence, or shoots to the danger of the public.





5. Within the City of Victoria, as defined by section 39 of
the Interpretation Ordinance, 1911, and within the Peak
District as defined by section 2 of the Peak District Reserva-
tion Ordinance, 1904, and within the Kowloon Peninsula to
the south of a line drawn from Kowloon City Police Station
to. Shanishuipo Police Station, no person shall shoot at any
bird from any place situated within two hundred yards if
any inhabited house.

6. No person shall take, remove, injure or destroy any nest
or egg of any game or knowingly have in his possession any
nest or egg of any game taken in the Colony.

7. During the close season in any year, no person shall
kill, wound or take any such game as may be prescribed by
regulations made under this Ordinance, or knowingly have
in his possession, or sell, or offer for sale, or purchase, or
export, any such game or any part of such gume killed,
Wounded or taken in the Colony during the said close season.

8. When any person is charged with selling or offering
for sale, or knolvingly having. in his possession or exporting

or attempting to export any bird or any part of any bird or
the nest or -,my egg of any bird, it shall be presumed, until
the contrary is proved, that such bird was killed, wounded
or taken, or that such nest or egg was taken, within the
Colony and after the commencement of this Ordinance, and,
in the case of the game mentioned in section 7, that the
killing, wounding or taking in question was effected during
the close season referred to in the said section.

9.-(1) No person shall at any time have in his posses-
sion any live partridge or pheasant taken in the Colony.

(2) During such period in any year as may be prescribed
by regulations made under this Ordinance, no person shall
sell or offer for sale or have in his possession for the
purpose of sale any live partridge or pheasant.

10.-(1) When any offence has been committed against
this Ordinance, any person may require the offender to give
his name, description and place of abode.

(2) If such offender does not truly give his name,
description and place of abode, he shall be guilty of an
offence in addition to that which he shall have been found
committing.





11. Every person who contravenes or attempts to con-
travene any of the provisions of this Ordinance, or of any
of the regulations made thereunder, or who commits a
breach of any condition of any licence issued thereunder
shall upon summary conviction be liable to a fine not
exceeding fifty dollars.

12. If any injury is done to grossring crops by any person,
or by his attendants or dogs, while engaged in the pursuit
of game, such person shall be liable to pay to the owner of
the crops, by way of compensation, such sum of money not
exceeding fifty dollars as a magistrate may determine.

13. Any bird or any part of any bird or the nest or any
egg of any bird in respect of which any person is convicted

under this Ordinance. shall be forfeited.

14. Notwithstanding anything in this Ordinance, the
Governor may by writing under his hand authorise any
person for such time and subject to such conditions as he
thinks fit, for scientific or other purposes, to kill, wound or
take any wild bird or to take or remove the nest or eggs
of any wild bird.

15.-(1) It shall be lawful for the Governor in Council
to make regulations for the following purposes
(a) defining game and vermin for the purposes of
this Ordinance;
(b) determining the form and conditions of the licence
referred to in section 4 and the fee to be paid therefor;

(c) prescribing the close season referred to in section 7,
and specifying such game as shall be protected thereby;

(d) prescribing the period referred to in sub-section (2)
of section 9, during which the sale, offer for sale and
possession for the purpose of sale of live partridges and
pheasants shall 'be prohibited, and extending the applica-
tion of such prohibition to any other birds.

(e) prohibiting the shooting or taking of game or any
particular kind of game within certain specified areas, ana
varying the boundaries of any such areas; and.

(f) generally for the purpose of carrying into effect the
provisions of this Ordinance.





(2) The regulations in the Schedule shall be in force
until altered or amended by regulations made under this
Ordinance.

(3) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first
meeting thereof held after the publication in the Gazette
of the making of such regulations, and if a resolution is
passed at the first meeting of the Legislative Council held
after such regulations have been laid on the table of the
said Council resolving that any such regulation shall be
rescinded or amended in any manner whatsoever, the sald
regulation shall, without prejudice to anything done there-
under, bc decined to be rescinded or amended, as the case
may be, as from the date of publication in the Gazette of
the passing of such resolution.

[ss. 16 and 17, rep. Law Revision Ordinance, 1924.]

SCHEDULE.

Regulations.

1. For the purposes of the Wild Birds Ordinance, 1922-

(a) Game means snipe, woodcock, plover, curlew, teal, wild duck,
wild geese, partridges, quail, pigeons and doves.


(b) Vermin means magpies, kites and hawks of all descriptions.

2. The close season for the purposes of section 7 of the said Ordinance
shall be the period extending in any year from the 1st day of February to
the 15th day of October, both days inclusive, for the protection of partridges
and quail, and the period extending from the 1st day of March to the 15th
day of October, both dayts inclusive, for the protection of doves and pigeons.

3. The period referred to in section 9 (2) of the said Ordinance, during
which the sale,. ofier for sale, and possession for the purpose of sale, of
live partridges and pheasants is probibited shall be the period extending in
any year from the 1st day of April to the 30th day of September, both
days inclusive.





4. No bird of any description other than vermin shall be killed, wounded
or taken in the following area :-

That part of the New Territories situate at or near Fanling which is
bounded by a line drawn from the cross roads near Tai Tau Ling village
south-eastwards to the Chinese Urn Cemetery and continued up the hills to
the 700-feet level, thence following this level westwards to the end of the
ridge and down to the village of Lin Tong Mi, thence to the village of
Tong Kung Ling thence to Kam Tsin Village and thence along the motor
road to the said cross roads.

5. Game licences, the fee for which and the conditions of which shall be
as stated therein, shall be in the following form :-

The wild Birds Ordinance, 1929.

hongkong

GAME LICENCE.

Subject to the provitsions of the Wild Birds Ordinance, 1922. and of tbe,
regulations niade thereunder, permission is hereby granted to Mr .. ............
...............................of to kill and take the
following birds at the times specitied

snipe at any time partridges from 16th
woodcook quail october to 31st
plover january, both
curlew pigions days inclusive
teal doves from 16 th october
wild duck to last day of
wild geese february, both
days inclusive

CONDITIONS.

1. This licence is not transferable.

2. The licensee must carry this licence with him when engaged on or
setting out for, or returning from any shooting expedition, and must
produce it when required to (to so by any magistrate, justice of the peace
or police officer.

3. This licence is valid from the 1st September, 19 , to the 31st
August, 19 , but may be revoked at any time by the Captain Superin-
tendent of police in his discretion, if the said commits
or attempts to commit any breach of the provisions of the said Ordinance,
or of of the regulations made thereunder or of any of the conditions of
this. licence, or stoots,, to the danger of the public.

Fee $10.

Received the fee of $10.

...................
Colonial Treasurer.

Caplain superintendent of Police.

hongkong ................. 19

NOTE-1. So birds of any description, other than those specified in the above
licence, and magpies, kites and hawks, which, being vermin, may be shot at any time
without a licence, may be killed, wounded or taken without a special licence from the
Governor. This prohibition includes PHEASANTS.

NOTE-2. No shooting at birds is permitted within two hundred yards of any
inhabited house in Victoria, the Peak District, and the Kowloon Peninsula south of a line
drawn from Kowloon City Police Station to Shanishnipo Police Station.
NOTE:-3. No birds of any description, except magpies, hawks and kites may be
killed, wounded 6r taken in the following area:-
That part of the New Territories situate at or near Fanling which is bounded by a
line drawn from the cross roads near Tai Tau Ling village south-eastwards to
the Chinese urn Cemetery and continued up the hills to the 700-feet level,
thence following this level westwards to the end of the ridge and down to the
village of Lin Tong Mi, therice, to the village of Tong Kung Ling thence to
Kam Tsin villaps and thence along the motor road to the said cross roads.
NOTE:-4. This licence is subject to any regulation.; or other enactments in force
for the time heing.
Note:-5. This licence may he revoked at any time by the Captain Superintendent
of Police in his discretion, if the holder thereof commits or attempts to commit any
breach of the provisions of the Wild Birds Ordinance, 1922, or of any of the regulations
made thereunder, or of any of the conditions of this licence, or shoots to the danger
of the public.

[Originally No. 15 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting at birds in neighbourhood of houses. Ordinances Nos. 31 of 1911, and 4 of 1904. Protection of nests and eggs of game. Close season for certain game. Presumption in case of person charged with being in possession, etc., of bird, nest or eggs. Possession and sale of live partridges and pheasants. Offender to give name, etc. Penalty. Compensation for injury to crops. Forfeiture. Authority for scientific or other purposes. Regulations. Schedule. Game and vermin. Close season. Period during which sale, etc., of live partridges and pheasants is prohibited. Prohibited areas. Game licences.

[Originally No. 15 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting at birds in neighbourhood of houses. Ordinances Nos. 31 of 1911, and 4 of 1904. Protection of nests and eggs of game. Close season for certain game. Presumption in case of person charged with being in possession, etc., of bird, nest or eggs. Possession and sale of live partridges and pheasants. Offender to give name, etc. Penalty. Compensation for injury to crops. Forfeiture. Authority for scientific or other purposes. Regulations. Schedule. Game and vermin. Close season. Period during which sale, etc., of live partridges and pheasants is prohibited. Prohibited areas. Game licences.

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