WILD BIRDS ORDINANCE

WILD BIRDS ORDINANCE

CHAPTER 171.

WILD BIRDS.

To make provision for the Protection of certain wild birds

and game.

[1st September, 1922.]

1. This Ordiriance may be cited as the Wild Birds Ordiriance.

2. 'Game' and 'vermin' shall have such meanings as may be
assigned to them for the purposes of this Ordinance by regulations
made thereunder.

3. No person shall-

(a)kill, wound or take any bird other than game and vermin ;

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

(c)sell or offer for sale, or knowingly have in his possession,
any such bird or any part of any such bird, killed, wounded or taken
in the Colony, or the nest or any egg of any such bird, taken
in the Colony; or

(d)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.

4. (1) No person shall kill wound or take any game

without having previously obtained a licence from the Com-
missioner 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
Commissioner 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. In the island of Hong Kong and in Kowloon and New
Kowloon, no person shall shoot at any bird from any place situated
within two hundred yards of 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 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 game 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 knowingly having in his possession or exporting or to
export, any bird or any part of any bird or the nest or any 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 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 possession any
live partridge or pheasant taken in the Colony.

(2) During such period in any year is 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 has been found committing.

11. Every person who contravenes or attempts to
contravene any of the provisions of this Ordinance shall upon
summary conviction be liable to a fine of two hundred and fifty
dollars.





12. If any injury is done to growing 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 two hundred and 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 for such time and
subject to such conditions as he thinks ft, authorize any
person 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. The Governor in COLInCil may by regulations
prescribe or provide for-
(a)defining 'game' and 'vermin' for the purposes
of this Ordiiiance;
(b)the forni and condilions of the licence referred to
in section 4 and the fee to be paid therefor;
(c)the close season referred to in section 7, and
specifying such game as shall be protected thereby;
(d)the period referred to in subsection (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 application of such prohibition to any other
birds ;
(e) prohibiting the shooting or taking of game or any
particular kind of game within certaln specifed
areas, and varying the boundaries of any such
areas;
(f)Offences in the case of Contravention Or attellipted
contravention of any such regulations or of the
conditions of any lecence issued thereunder and
penalties therefor : Provided that no penalty so
prescribed shall exceed a fine of two hundred and
fifty dollars; and
(g)generally carrying out the provisions of this
Ordinance.
Originally 15 of 1922. Fraser 15 of 1922. 22 of 1950. 24 of 1950. Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting near houses. Protection of nests and eggs. 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. 22 of 1950, Schedule. Compensation for injury to crops. 24 of 1950, Schedule. Forfeiture. Authority for scientific or other purposes. Regulations.

Originally 15 of 1922. Fraser 15 of 1922. 22 of 1950. 24 of 1950. Short title. Interpretation. Protection of birds other than game and vermin. Game licences. Prohibition of shooting near houses. Protection of nests and eggs. 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. 22 of 1950, Schedule. Compensation for injury to crops. 24 of 1950, Schedule. Forfeiture. Authority for scientific or other purposes. Regulations.

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