AGRICULTURAL PRODUCTS (MARKETING) ORDINANCE

AGRICULTURAL PRODUCTS (MARKETING) ORDINANCE

LAWS OF HONG KONG

AGRICULTURAL PRODUCTS (MARKETING) ORDINANCE

CHAPTER 277





CHAPTER 277

AGRICULTURAL PRODUCTS MARKETING) ORDINANCE

ARRANGEMENT OF SECTIONS

Borrowing powers ...
Financial control and investments
Accounts ... ... ... ...
Establishment and vesting of fund
Objects of the fund
Cost of administering the fund ...
Investment ...
Accounts ... ...
Establishment of Advisory Committee
Regulations ...
Powers of search, seizure and arrest ...
Sale and forfeiture of goods seized ...

section
1. 2.
3.

4. Seal, style and acts of Director

5. Power to acquire and dispose of property ...

5A. Director to be subject to Governor's directions

6.................Marketing Advisory Board ...

7.
8.
9.
9A.
9B.
9C.
9D.
9E.
9F.
10.
11.
12.

Short title
Interpretation ... ...
Appointment of Director of Marketing, market manager and senior manager

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CHAPTER 277

AGRICULTURAL PRODUCTS MARKETING)

To provide for the improvement of agriculture, the marketing of
agricultural products, to encourage co-operative markets and for
purposes connected therewith. (Amended, 18 of 1969, s. 2)

[2nd May, 1952.1

1. This Ordinance may be cited as the Agricultural Products
(Marketing) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Advisory Board' means the persons appointed to form a Marketing
Advisory Board;

'agricultural product includes any product of agriculture or horticulture
and any article of food or drink wholly or partly manufactured or
derived from any such products, and fleeces and the skins of
animals;

'Committee' means the Agricultural Products Scholarship Fund
Advisory Committee established by section 9F; (Added, 13 of
1978, s. 2)

'Director' means the officer appointed as Director of Marketing;

'fund' means the Agricultural Products Scholarship Fund established
by section 9A; (Added, 13 of 1978, s. 2)

'market manager' means a person appointed by the Director under
section 3(2) to be manager of a wholesale vegetable market;
(Added, 51 of 1973, s. 2)

'producer' means in relation to any product the person who produces
an agricultural product and any other person who employs such a
person;

'regulated product' means any product the marketing of which is
regulated under this Ordinance whether produced within the
Colony or otherwise;

'senior manager' means any person appointed as such by the Director
under section 3(2); (Added, 51 of 1973, S. 2)

'trustee' means the Director as trustee of the fund. (Added, 13 of 1978,
s. 2)

3. (1) The Governor may appoint, by name or office, an officer to be
Director of Marketing.

(2) The Director may appoint any person to be the manager of a
wholesale vegetable market and may also appoint any person to be a
senior manager.

(Amended, 51 of 1973, s. 3)





4. (1) The Director shall be known by the name of the Director of
Marketing, and may for all purposes be described by that name.
(Amended, 18 of 1957, Third Schedule)

(2) The Director shall have an official seal, which shall be officially
and judicially noticed, and shall be authenticated by the signature of the
Director or of any person authorized by the Director to act in that behalf.

(3) For the purpose of acquiring and holding property, the Director
for the time being shall be a corporation sole, and all property vested in
the Director shall be held is trust, subject to sections 9A and 9B, for the
Government for the purposes of his office. (Amended, 13 of 1978, s. 3)

(4) Upon and by virtue of the appointment of any person to be
Director, the benefit of all deeds, contracts, bonds, securities or things
in action vested in his predecessor at the time of his predecessor
ceasing to hold office shall be transferred to and vested in and enure to
the benefit of the person so appointed, in the same manner as if he had
been contracted with instead of his predecessor, and as if his name had
been inserted in all such deeds, contracts, bonds or securities instead of
the name of his predecessor. (Amended, 35 of 1962, s. 2)

(5) For the purpose of contracts entered into prior to the
commencement of this Ordinance by or on behalf of any person who has
been exercising functions analogous to those of the Director at the time
of entering into the said contract, such contracts shall be deemed to
have been lawfully entered into by the Director and for the purpose of
subsection (4) shall be deemed to have been entered into by the
predecessor of the Director.

(6) If any question arises as to who is or was at any time the
Director or whether a person has been exercising functions analogous to
those of the Director prior to the commencement of this Ordinance, a
certificate under the hand of the Secretary for Economic Services shall
be conclusive evidence for all purposes whatsoever as to who is or was
the Director or whether a person has been exercising such functions.
(Amended, L.N. 265178)

5. (1) The Director in his corporate capacity shall have power to
acquire, accept leases of, purchase, take, hold and enjoy any lands,
buildings, messuages or tenements of what nature or kind soever and
wheresoever situate, and also to purchase, acquire and possess goods
and chattels of what nature and kind soever.

(2) The Director in his corporate capacity shall further have power
by deed under his seal to grant. sell, convey, assign, surrender,
exchange, partition, yield up, demise, reassign, transfer or otherwise
dispose of any lands, buildings, messuage or other goods and chattels
whatsoever, which are for the time being vested in or belonging to the
Director.





5A. (1) The Governor may give such directions as he thinks fit,
either generally or in any particular case, with respect to the exercise or
performance by the Director, or any person acting on his behalf, of any
powers, functions or duties under this Ordinance.

(2) The Director and any person acting on his behalf shall in the
exercise or performance of any powers, functions or duties under this
Ordinance comply with any directions given by the Governor under
subsection (1).

(Added, 51 of 1973, s. 4)

6. (1) There shall be a Marketing Advisory Board which shall be a
consultative body for advising the Governor upon any matters referred
to it by the Governor or the Director.

(2) The Advisory Board shall consist of the Director and such other
members as are appointed by the Governor by notice in the Gazette.
(Amended, 35 of 1962, s. 3 and 51 of 1973, s. 5)

(3) The Director shall be ex officio the Chairman of the Advisory
Board, but in the event of his absence from any meeting the members
present shall appoint any other of its members as Chairman.

(4) A member appointed by the Governor shall hold office for one
year and may be re-appointed from time to time at the pleasure of the
Governor. (Amended, 35 of 1962, s. 3)

(5) Three members of the Advisory Board shall form a quorum.

(6) The Director shall appoint a public officer to be the secretary to
the Advisory Board. (Replaced, 51 of 1973, s. 5)

of

7. With the consent of the Governor in Council, the Director may,
for any of the purposes of this Ordinance, borrow money in such manner
and upon such security as he may consider expedient. (Replaced, 35 of
1962, s. 4)

8. (1) The Director shall prepare and submit annually to the
Governor for his approval estimates of income and expenditure in
respect of the next succeeding year and shall not, except with the prior
approval of the Governor, incur any expenditure in excess of that
specified in the estimates as approved by the Governor:

Provided that nothing in this subsection shall be construed to
prevent the Director from incurring and making provision for reasonable
day to day expenses pending the approval of the annual estimates.

(2) All moneys received, including any moneys borrowed, by the
Director shall he brought to account and shall be administered by the
Director for the purposes of this Ordinance, and any moneys so
brought to account may be invested by him in such securities or





deposited in such manner in the Colony as the Financial Secretary may
from time to time approved for that purpose.

(Added, 35 of 1962, s. 4)

9. (1) The Director shall cause proper accounts to be kept of all
transactions and shall cause to be prepared for every period of 12
months ending the 31st March in each year a statement of the accounts
of the fund, which statement shall include an income and expenditure
account and balance sheet and shall be signed by the Director.

(2) The accounts and the signed statement of the accounts shall be
audited by an auditor, appointed from time to time by the Governor, who
shall certify the statement subject to such report, if any, as he may think
fit.

(3) A copy of the signed and audited statement of accounts
together with the auditor's report, if any, and a report by the Director on
the administration of the fund during the period covered by the audited
accounts shall be laid upon the table of the Legislative Council not later
than the 31st October next following the end of such period or so soon
thereafter as the Governor, in his absolute discretion, may allow.
(Amended, 13 of 1978, s. 4)

(Added, 35 of 1962, s. 4)

9A. (1) There is hereby established a trust fund, to be known as the
Agricultural Products Scholarship Fund, which is vested in the Director
as trustee.

(2) The trustee shall hold the fund upon the trusts and subject to
the provisions contained in this section and sections 9B, 9C, 9D and 9E.

(3) The fund shall consist of-

(a)the sum of $1,000,000 which shall be appropriated for that
purpose by the Director from moneys received by him under
this Ordinance; and

(b) such further moneys and assets as may be-

(i) donated, subscribed or bequeathed to, and accepted by
the trustee; or

(ii) otherwise acquired by the trustee.

(Added, 13 of 1978, s. 5)

9B. The trustee shall apply the fund for the following objects-

(a)the provision of scholarships, grants and loans for the
education and training of persons who are employed in
agriculture and agricultural product marketing industries in
Hong Kong and their families and dependants; and

(b)the provision of scholarships, grants and loans for the
education and training of persons who wish to enter the
agriculture and agricultural product marketing industries in
Hong Kong.

(Added, 13 of 1978, s. 5)





9C. (1) The cost of the administration of the fund and costs
incurred by the Committee in the discharge of its functions under this
Part, other than any audit fee paid under section 9E which shall be a
charge on the fund, shall be paid from moneys, other than the fund,
received by the Director under this Ordinance.

(2) The Financial Secretary may direct that an annual supervision
fee to be determined by him shall be charged against the income of the
fund and paid into the general revenue of Hong Kong.

(Added, 13 of 1978, s. 5)

9D. The trustee may invest any of the moneys of the fund in
investments of any kind whether such investments are permitted for the
investment of trust funds or not, subject, in the case of investments
which are not so permitted, to the prior approval of the Financial
Secretary.

(Added, 13 of 1978, s. 5)

9E. (1) The trustee shall cause proper accounts to be kept of all
transactions and shall cause to be prepared for every period of 12
months ending the 31st March in each year a statement of the accounts
of the fund, which statement shall include an income and expenditure
account and balance sheet and shall be signed by the trustee.

(2) The accounts and the signed statement of the accounts shall be
audited by an auditor, appointed from time to time by the Governor, who
shall certify the statement subject to such report, if any, as he may think
fit.

(3) A copy of the signed and audited statement of accounts
together with the auditor's report, if any, and a report by the trustee on
the administration of the fund during the period covered by the audited
accounts shall be laid upon the table of the Legislative Council not later
than the 31st October next following the end of such period or so soon
thereafter as the Governor may in his discretion allow.

(Added, 13 of 1978, s. 5)

9F. (1) There shall be established a committee to be known as the
Agricultural Products Scholarship Fund Advisory Committee.

(2) The Committee shall advise the trustee on all matters
whatsoever touching the administration of the fund and the attainment
of the objects thereof.

(3) The Committee shall consist of-

(a) the trustee;

(b)3 other members of the Marketing Advisory Board to be
elected annually by the said Board;

(c)2 public officers and 2 members of the public to be appointed
by the Governor.





(4) The trustee shall be ex officio the chairman of the Com-
mittee, but in the event of his absence from any meeting the members
present shall appoint any other of its members as chairman.
(5) Four members of the Committee shall form a quorum.
(6) The trustee shall appoint a public officer to be the secretary
to the Committee.

(7) The Committee may regulate its own procedure.
(Added, 13 of 1978, s. 5)

10. (1) The Governor in Council may make regulations-
(a)empowering the Director to buy agricultural products and
to sell, grade, pack, store, adapt for sale, process, insure,
advertise and transport such products;
(b)requiring producers of agricultural products to sell such
products or any kind, variety or grade of any agricultural
product as may be prescribed only to or through the
agency of the Director and at a particular place and
enabling the Director to establish and regulate the con-
duct of markets and collecting centres for this purpose;
(Amended, 35 of 1962, s. 5)
(c)controlling the landing and transport of agricultural
products and the import of such products into the Colony;
(d) empowering the Director-
(i) to provide such services as he considers necessary
or desirable for the improvement of agriculture or of the
marketing of agricultural products;
(ii) to engage in any activity which may improve or
assist in the improvement of agriculture; (Replaced, 18
of 1969, s. 3)
(e)enabling the Director to advance money on any agricul-
tural products received by his agents for disposal and to
lend money to producers for the purposes of such business;
(f)empowering the Director to use funds under his control
for the improvement of agriculture, including the standard
of marketing of agricultural products, the encouragement
of co-operation in agriculture and the education, health
and welfare of persons employed in agriculture and
agricultural product marketing and their families and
dependants; (Amended, 35 of 1962, s. 5; 18 of 1969, s. 3
and 13 of 1978, s. 6)
(g)generally for the purposes not inconsistent with the pro-
visions of the Ordinance for which funds under the control
of the Director may be used;
(h)requiring producers and persons purchasing from or
through the agency of the Director to furnish to the
Director such estimates, returns or other information
relating to products regulated under this Ordinance as the
Director considers necessary;





(i)prescribing the fee payable to the Director on the grant or
renewal of any permit granted under the regulations; (Replaced,
18 of 1969, s. 3)

(j)providing for payment to the Director of a commission in
respect of vegetables brought into a wholesale vegetable
market, which shall be a percentage of the purchase price or a
fee charged on the weight of the vegetables, and empowering
the Director, after consulting the Advisory Board

(i) to declare in the case of any vegetables and any
wholesale vegetable market whether the commission shall be
such percentage or such fee; and

(ii) to prescribe such percentage and fee; (Replaced, 18 of
1969, s. 3)

(k) prescribing forms; (Added, 18 of 1969, s. 3)

(1)empowering the Director to co-operate with any other person
in doing or authorizing any other person to do anything which
the Director is empowered to do by virtue of this section;

the management and control of markets established by the
Director and the conduct of persons therein; (Added, 18 of
1969, s. 3)

(n)generally carrying into effect the provisions of this Ordinance
and of any regulations made thereunder.

(2) Any regulation made under this Ordinance may provide that a
contravention thereof shall be an offence and that a person guilty of
such offence shall be liable on summary conviction to a fine of $2,000
and to imprisonment for 1 year. Any such regulation may provide that
the burden of proving whether agricultural products are for sale,
wholesale or not, or that they have been purchased retail or at a
wholesale market shall lie upon the person accused.

11. (1) The Director, any police officer, or any senior manager or
market manager authorized in writing by the Director in that behalf,
either generally or in any particular case, may, without warrant, if he has
reason to believe that any offence against this Ordinance has been
committed- (Amended, 51 of 1973, s. 6)

(a)stop, board and search any vessel or vehicle which he has
reason to believe was or is being used in connexion with the
commission of such offence;

(b)seize and retain any regulated product (and any container
thereof) in respect of which he has reason to believe such
offence has been committed, and may for the purpose of
effecting such seizure require the person for the time being in
charge of the vessel or vehicle, if any, in or on which such
product is being transported to take the same to such port,
market or police station as may in the circumstances







be expedient and may there detain such vessel or vehicle until
such time as he is able to cause the articles seized to be
transferred therefrom;

(c)arrest and forthwith take or cause to be taken to a police
station any person whom he has reason to believe to have
committed such offence.

(2) Whenever the seizure of any regulated product is lawful under
this Ordinance, it shall be lawful to seize and retain any book or
document which appears to contain evidence relating to such product.

(3) Any person who resists or obstructs any person in the exercise
of any of the powers conferred by this section shall be guilty of an
offence and shall be liable on summary conviction to a fine of $500 and
to imprisonment for 3 months.

(4) A notification of any authorization made under subsection (1)
shall be published in the Gazette.

(Replaced, 35 of 1962, s. 6)

12. (1) Where a magistrate is satisfied that an offence against this
Ordinance has been committed in respect of any regulated product
seized under section 11, whether or not any person has been convicted
in respect of such offence, the magistrate may, upon application by the
Director, order such product, together with any containers seized
therewith, to be forfeited to the Crown.

(2) Notwithstanding anything contained in subsection (1), where
any regulated product seized under section 11 is of a perishable nature,
the Director may cause such product to he disposed of prior to
application being made under subsection (1) for forfeiture thereof, and if
in any such case the magistrate who hears the application for forfeiture
is not satisfied that an offence against this Ordinance has been
committed in respect of the regulated product, he shall order the
proceeds, if any, arising out of the disposal thereof to be paid to such
person as in his opinion is the owner of the product.

(3) Nothing in this section shall be construed to prevent the
Director, in his discretion, releasing any regulated product or any
container thereof seized under section 11 to any person appearing to
him to be the owner thereof before an order for forfeiture is made, in
which case no order for the forfeiture thereof shall be made.

(4) For the purposes of subsection (2), 'proceeds' means the
proceeds of sale in a wholesale vegetable market less any fees or
commission payable under the regulations. (Added, 18 of 1969, s.4)

(Replaced, 35 of 1962, s. 6)
Originally 11 of 1952. 18 of 1957. 35 of 1962. 18 of 1969. 51 of 1973. 13 of 1978. L.N. 165/78. Short title. Interpretation. 1931 c. 42, s. 18. Appointment of Director of Marketing, marker manager and senior manager. Seal, style and acts of Director. [cf. 1919 c. 21, s. 7.] Power to acquire and dispose of property. Director to be subject to Governor's directions. Marketing Advisory Board. Borrowing powers. Financial control and investments. Accounts. Establishment and vesting of fund. Objects of the fund. Cost of administering the fund. Investment. Accounts. Establishment of Advisory Committee. Regulations. Powers of search, seizure and arrest. Sale and forfeiture of goods seized.

Originally 11 of 1952. 18 of 1957. 35 of 1962. 18 of 1969. 51 of 1973. 13 of 1978. L.N. 165/78. Short title. Interpretation. 1931 c. 42, s. 18. Appointment of Director of Marketing, marker manager and senior manager. Seal, style and acts of Director. [cf. 1919 c. 21, s. 7.] Power to acquire and dispose of property. Director to be subject to Governor's directions. Marketing Advisory Board. Borrowing powers. Financial control and investments. Accounts. Establishment and vesting of fund. Objects of the fund. Cost of administering the fund. Investment. Accounts. Establishment of Advisory Committee. Regulations. Powers of search, seizure and arrest. Sale and forfeiture of goods seized.

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