FISHERIES PROTECTION ORDINANCE

FISHERIES PROTECTION ORDINANCE

LAWS OF HONG KONG

FISHERIES PROTECTION ORDINANCE

CHAPTER 171





CHAPTER 171

FISHERIES PROTECTION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Appointment of officers 1 . ... ... ... ... ... ... ... ... ... ... ... 2

3A. Authorized officers ... ... ... ... ... ... ... ... ... ... ... ... ... 2

4. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

5. Power of search and seizure ... ... ... ... ... ... ... ... ... ... ... ... 3

6. Forfeiture of things in respect of which offences are committed ... ... ... ... 3

7. Seizure and forfeiture of things used for the commission of offences ... ... ... 4

8. Presumptions ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

9. Proof of cause of death, injury or stupefaction of fish ... ... ... ... ... ... 5

10. Amendment of Schedule ... ...
... ... ... ... ... ... ... ... ... ... 5

Schedule. Toxic substance ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5





CHAPTER 171

FISHERIES PROTECTION





(c)the prohibition or restriction of the taking of any variety of fish,
or fish of any size, from the waters of Hong Kong; (Amended,
68 of 1987, s. 5)

(d)the prohibition or restriction of the use of any specified kinds
of net or of nets having a mesh of any specified size for the
purpose of fishing;

(e) the conservation of oysters and oyster beds;

the prohibition or restriction of the collection, removal or
destruction of any variety of fish spawn or turtle eggs;

(g) the protection of spawning areas;

(h) generally, the protection or regulation of fishing.

(2) Regulations made under this Ordinance may provide that
contravention of any of the provisions of such regulations shall
constitute an offence and may prescribe penalties therefor not exceeding
$10,000 and imprisonment for 6 months. (Amended,68 of 1987, s. 5)

5. (1) The Director or any authorized officer, fisheries inspector or
police officer may without warrant

(a) board and search any vessel or any part thereof,

(b)seize, remove and retain any fish or other article or thing
whether found on board any vessel or in any other place, in
respect of which it appears to him that any offence against this
Ordinance has been committed or which appears to him to
constitute evidence of any such offence having been
committed.

(2) The Director or any authorized officer or any police officer of the
rank of inspector and above may enter and search without warrant any
premises or place used or reasonably suspected of being used either
wholly or in part for the storage of fish in respect of which he has reason
to believe an offence against this Ordinance has been committed, or for
the storage of any other article or thing capable of being used in the
commission of an offence against this Ordinance.

(Amended, 68 of 1987, s. 6)

6. (1) Where a magistrate is satisfied that an offence against this
Ordinance has been committed in respect of any fish or any other article
or thing seized under the provisions of section 5, whether or not any
person has been convicted in respect of such offence, the magistrate
shall order such fish or other article or thing to be forfeited to the Crown.

(2) Notwithstanding anything contained in subsection (1), where
any fish is seized under section 5, the Director or any authorized officer
may cause such fish to be sold or otherwise disposed of prior to
application being made for the forfeiture thereof, and the proceeds
thereof retained in lieu, and if in any such





case the magistrate, upon such application for forfeiture being made, is
not satisfied that an offence against this Ordinance has been committed
in respect thereof, upon application made by any person claiming to be
the owner of such fish he shall, if he is satisfied as to the validity of the
claim, order such proceeds to be paid to the claimant, but where no claim
is made or the magistrate is not satisfied as to the validity of any claim,
the proceeds shall be paid into the general revenue. (Amended, 68 of 1987,
s. 7)

(3) For the purposes of this section-

'proceeds' means sale price less any commission or fee payable in
respect of such sale.

7. Whenever it is lawful under this Ordinance for the Director or any
authorized officer, fisheries inspector or police officer to seize and retain
any fish or other article or thing, it shall be lawful(Amended, 68 of 1987, s.
8)

(a) to seize and retain-

(i) any receptacle other than a vessel or vehicle in which
such fish or other article or thing is contained;

(ii) any machinery other than the propellant machinery of a
vessel or vehicle, implement, utensil, material or substance
used for the commission of any offence against this
Ordinance; and

(iii) any books or documents which appear to him to contain
evidence that an offence has been or is about to be committed
against this Ordinance; and

(b)to direct any vessel or vehicle in which any thing referred to in
paragraph (a) is seized to proceed to such port or place as may
be convenient for unloading from the vessel or vehicle
anything seized thereon and may then detain the vessel or
vehicle for such time as may reasonably be required to effect
the unloading.

8. (1) Any explosive or toxic substance found in the possession or
control of any person engaged in fishing or in any vessel or in any
premises or place used in whole or in part for the storage of fishing
equipment or fish, shall be deemed, until the contrary is proved, to be
possessed, stored or used for the purpose of fishing.

(2) The master or other person in charge of any vessel or the
person in control of any premises or place used in whole or in part for
the storage of fishing equipment or fish in which any explosive or toxic
substance is found shall be deemed, until the contrary is proved, to be in
possession or control of such explosive or toxic substance for the
purpose of fishing.

(3) Where any vessel is found to have on board any explosive or
toxic substance or any premises or place used in whole or in part for the
storage of fishing equipment or fish is found to contain any explosive or
toxic substance, any fish found in such vessel, premises





or place shall, until the contrary is proved, be deemed to have been
captured by means of such explosive or toxic substance.

(4) Where any vessel is found to have on board any fish which has
been killed, stupefied or otherwise injured by any explosive or toxic
substance, such vessel shall, until the contrary is proved, be deemed to
have been used for the capture of such fish by means of explosive or
toxic substance.

9. Where in any case the cause of death, injury or stupefaction of
any fish is in question, a certificate purporting to be signed by an
authorized officer shall be prima facie evidence in any court as to the
cause of death, injury or stupefaction of the fish.

(Amended, 68 of 1987, s. 9)

10. The Governor in Council may amend the Schedule by order
published in the Gazette.

SCHEDULE [ss. 2 10.]
Toxic SUBSTANCE
1. The residue left after oil has been expressed from tea-seeds, commonly known as

Cha Tsai Peng 0).
2. Any substance containing any proportion of-

(a) rotenone (2R,6aS,12aS)-1,2,6,6a,12, 12a-hexahydro-2-isopropenyl-8,

9-dimethoxychromeno [3,4-b] furo [2,3-h] chromen-6-
one;

(b) cyanide;

(c) phenthoate S-0c-ethoxycarbonylbenzyl 0,0-dimethyl phosphorodithioate;

(d) permethrin 3-phenoxybenzyl (1 RS)-cis-trans-3-(2,2-dichlorovinyl)-
2,

2-dimethyleyclopropane-carboxylate. (Replaced, L. N.

220187)
Originally 39 of 1962. L.N. 220/87. 68 of 1987. Short title. Interpretation. Schedule. Appointment of officers. Authorized officers. Regulations. Power of search and seizure. Forfeiture of things in respect of which offences are committed. Seizure and forfeiture of things used for the commission of offences. Presumptions. Proof of cause of death, injury or stupefaction of fish. Amendment of schedule.

Originally 39 of 1962. L.N. 220/87. 68 of 1987. Short title. Interpretation. Schedule. Appointment of officers. Authorized officers. Regulations. Power of search and seizure. Forfeiture of things in respect of which offences are committed. Seizure and forfeiture of things used for the commission of offences. Presumptions. Proof of cause of death, injury or stupefaction of fish. Amendment of schedule.

https://oelawhk.lib.hku.hk/items/show/2759

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