MARINE FISH (MARKETING) ORDINANCE

MARINE FISH (MARKETING) ORDINANCE

LAWS OF HONG KONG

MARINE FISH (MARKETING) ORDINANCE

CHAPTER 291

LAW

REVISED EDITION 1978

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 291

MARINE FISH (MARKETING) ORDINANCE

ARRANGEMENT OF SECTIONS

Section

1..........Short title ...
2..........Interpretation ...

PART I

CONTROL OF IMPORT, EXPORT MOVEMENT AND
SALE OF MARINE FISH

3. Landing and sale of marine fish restricted
4. Regulations

5.
6.
7.
8.

Licences and permits
Governor may give directions to the Organization
Powers of search, seizure and arrest
Sale and forfeiture of goods seized

Page
2
2

PARTII

ESTABLISHMENT OF FISH MARKETING ORGANIZATION

9. Establishment of fish marketing Organization

10.
11.
12.
13.
14.
15.
16.
17.

Property vested in the Organization
Functions of the Organization ...
Seal of Organization and signification of acts ...
Powers of the Organization ...
Financial control ... ...
By-laws ... ... ...
Fish Marketing Advisory Board..
Review of decisions of the Organization ...

18.
19.
20.
21.
22. Investment
23. Accounts
24. Establishment of Advisory Committee







Interpretation ...
Establishment and vesting of fund
Objects of the fund ... ... ...
Cost of administering the fund ...

PART III

ESTABLISHMENT OF SCHOLARSHIP FUND

5
6
6
6
7
7
8
9
9

10
10
10
11
11
11
11

















CHAPTER 291

MARINE FISH (MARKETING)

To provide for the control of the landing and wholesale marketing of
marine fish, for the control of the importation and exportation
thereof, for establishing a Fish Marketing Organization for
encouraging co-operative markets, for a scholarship fund for
persons who may benefit or be connected with the marine fisheries
and fish marketing industries and for matters incidental thereto.
(Amended, 14 of 1978, s. 2)

[21st December, 1962.]

1. This Ordinance may be cited as the Marine Fish (Marketing)
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Director' means the Director of Marketing;

'manager' means

(a)a person appointed by the Organization to be the manager of
a market; and

(b)a person holding an office styled 'senior market manager';
(Added, 34 of 1973, s. 2)

'marine fish' means any fish or part thereof, whether fresh or
processed, in any manner indigenous in sea water or partly in fresh
water and partly in sea water, including any product derived
therefrom, but excluding all crustaceans or molluscs and fish alive
and in water;

'market' means a wholesale marine fish market conducted by the
Organization; (Amended, 34 of 1962, s. 2)

'Organization' means the Fish Marketing Organization established
under section 9;

'wholesale' means sale for re-sale, which includes the sale of
marine fish intended for re-sale as part of a cooked meal.

PART I
CONTROL OF IMPORT, EXPORT MOVEMENT
AND

SALE OF MARINE
FISH

3. (1) Save with a permit in writing from the Director, or
as otherwise provided by regulations, no marine fish may be
land landed other than at places specified by regulations and no marine
fish may be bought or sold wholesale otherwise than at a market
or otherwise than by way of re-sale following a sale at a market.
(Amended, 34 of 1962, s. 3)





(2) Any person who contravenes the provisions of subsection 1)
shall he liable to a fine AP $1,000 and to improsonment for 6 months.


4. (1) The Governor in Council may by regulation pro
vide for
(a)controlling the importation and exportation of marine fish;

(b) controlling the landing and transport of marine fish within
the Colony.



(c)the issue of permits and licences in respect of the matters
controlled by this Ordinance;

(d)prescribing conditions and restrictions in connexion with the
marketing of marine fish wholesale; and

(e) carrying into effect the provisions of this Ordinance.

(2) Such regulations may prescribe contraventions thereof which
shall constitute offences and may prescribe penalties not exceeding
$1,000 and imprisonment for 6 months.

5. (1) The Director may grant a permit or licence, on such
conditions as he thinks fit, to any person to do any act which is made
subject to his control by this Ordinance and may cancel a permit or
licence where this Ordinance or any such condition is contravened.
(Replaced, 34 of 1973, s. 3)

(2) [Deleted, 34 of 1973, s. 3]

(3) Any person who-

(a)contravenes or fails to comply with any condition imposed in
connexion with the grant of any permit or licence; or

(b)when applying for any permit or licence makes any statement
or furnishes any information, whether such statement is verbal
or in writing, which is false in any material particular or by
reason of the omission of any material particular and which he
knows or has reason to believe is false,

shall be liable to a fine of $1,000 and to imprisonment for 6 months.

6. (1) The Governor may give directions both generally and in
particular matters to the Organization in the discharge of its functions,
and without derogating from the generality of such power he may
control by such directions

(a) the fees charged other than those specified in by-laws;

(b)deposits required by way of part-payment for market
purchases;

(c)the keeping of lists of persons authorized to make purchases
in markets:





Provided that no such direction shall have effect in any manner as
to conflict with the provisions of any regulation or bylaw made and in
force under this Ordinance.

(2) The Organization shall give effect to directions made under this
section.

7. (1) The Director, any police officer, or any manager or public
officer authorized by the Director in writing in that behalf either generally
or for a particular occasion may where he has reasonable cause to
suspect that any offence against this Ordinance or any regulations or by-
laws made thereunder has occurred, or in the case of paragraph (a) is
about to occur- (Amended, 34 of 1973, s. 4 and 14 of 1978, s. 3)

(a) enter er and search any place and stop, board, and search
any vessel or vehicle which he reasonably suspects of
being concemed in such offence;

(b)seize any marine fish and container thereof which he
reasonably suspects of being the subject matter of such
offence. Where necessary to effect such seizure, he may
require the driver of any vehicle to proceed to a market or a
police station and may detain any vessel or vehicle until such
time as he shall be able to transfer therefrom the articles
seized;

(c)arrest and take to a police station any person whom he
reasonably suspects of being concerned in such offence. On
arrival at such police station the facts shall forthwith be
reported to the officer in charge thereof who shall take the
action prescribed by section 52 of the Police Force Ordinance
in like manner as if the person has been arrested by a
constable without a warrant on reasonable suspicion of being
guilty of an offence.

(2) Any person, who resists or obstructs any search, seizure,
detention or arrest shall be guilty of an offence and shall be liable on
conviction to a fine of $500 and to imprisonment for 3 months.

(3) Notification of any manager or public officer authorized under
subsection (1) shall be published in the Gazette. (Amended, 34 of 1973,
s. 4 and 14 of 1978, s. 3)

8. (1) Any marine fish seized under this or any other enactment may
be sold wholesale by the Organization and the market proceeds held
pending a determination by a magistrate under this section:

Provided that the Director may in his absolute discretion restore to
any person appearing to him to have a right thereto any marine fish or
the market proceeds thereof.

(2) On application being made a magistrate shall order to be
forfeited to the Crown any marine fish seized in accordance





with section 7 or the market proceeds where he is satisfied that an
offence against this Ordinance or any regulations or by-laws made
thereunder has been committed in respect of such marine fish, whether
or not any person has been convicted of such offence and whether or
not the owner or other interested party is then before him.

(3) Within 1 month of the date of any order of forfeiture made
under subsection (2), any person claiming and appearing to the
magistrate to be the owner or a person otherwise interested in such
marine fish, may apply to the magistrate for a review of his order, and
the magistrate shall review his order and may rescind his order if he is
satisfied that no offence under this Ordinance has been committed in
respect of the marine fish.

(4) Where the magistrate makes no order for forfeiture under
subsection (2) or rescinds the order for forfeiture under subsection (3),
he shall order that the marine fish or the market proceeds shall he
returned or paid to the person, as the case may be, who establishes a
right thereto.

(5) Where no application for review is made to the magistrate under
subsection (3) or where upon review the magistrate confirms the order
of forfeiture, the marine fish or the market proceeds shall become the
property of the Crown free from all rights of any person, and the same
shall be delivered up by the Organization to the Crown.

(6) Notwithstanding the earlier provisions of this section, the
Governor in Council may in his absolute discretion entertain and give
effect to any moral claim to or in respect of any marine fish forfeited
thereunder.

(7) For the purposes of this section

'market proceeds' means the proceeds of sale in a market less any
commission or fees payable to the Organization.

PART II

ESTABLISHMENT OF FISH MARKETING
ORGANIZATION

9. (1) There shall be established a corporation which shall
be known as the Fish Marketing Organization and which by that


name may sue and be sued in the courts of the Colony.

(2) The Organization shall consist of such officer or persons as the
Governor may from time to time appoint.

(3) Where the Organization consists of more than 1 person the
Governor may by order provide for the tenure of office and the
remuneration of such persons, the delegation of powers by the
Organization and other matters incidental thereto.





10. (1) Upon and by virtue of the establishment of the
Organization, the rights and obligations under all deeds, contracts,
bonds, securities, things in action or moneys vested in or under
the control of any person exercising functions analogous to those
of the Organization at the time of such person ceasing to hold
office, shall be transferred to and vested in the Organization in
the same manner as if it had been contracted with instead of such
person, and as if its name had been inserted in all such deeds,
contracts, bonds or securities instead of the name of such person.

(2) 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
Organization at the time of entering into such contracts, such
contracts shall be deemed to have been lawfully entered into by
him.
11. (1) The functions of the Organization shall be to-
(a)establish, regulate and conduct wholesale fish markets,
depots and ancillary establishments, including the making
of administrative rules for the same; and

(b)furnish the Governor with all such information as he may
require for the purposes of section 6 (which empowers
the Governor to give directions to the Organization).

(2) In addition to the functions specified in subsection (1) the
Organization may-
(a)buy, sell, grade, pack, store, adapt for sale, process, in-
sure, advertise, and transport fishery products;
(b)buy, sell, hire, or let out for hire, anything required in the
production, adaptation for sale, or transport of fishery
products;

(c)provide such services as may be deemed necessary for
the improvement of the marketing of fishery products
and the promotion of co-operative enterprise in the
fisheries industry;
(d)make provisions for the education, health and welfare of
persons employed in the fisheries industry and their
families and dependants;

(e)make loans to persons employed in the fisheries industry
upon such terms. as the Organization shall see fit; and
(f)engage in such other activities (whether similar to those
hereinbefore specified or not) as may be sanctioned by
order of the Governor.

12. (1) The Organization shall have a common seal which
shall be officially and judicially noticed and shall be authenticated
by the signature of such person or persons as the Organization
may from time to time appoint.





(2) All deeds, documents and other instruments requiring the seal
of the Organization shall be signed by such persons as the Organization
may from time to time appoint, and such signing shall be taken as
sufficient evidence of the due sealing of such deeds, documents and
other instruments.

(3) Any act of the Organization may be signified by an instrument
signed by any servant of the Organization acting in the course of his
duties, and any instrument purporting to have been so executed shall,
until the contrary is proved, be deemed to have been so executed.

13. For the purpose of this Ordinance, the Organization may

(a)acquire, accept leases of, purchase, take, hold and enjoy any
lands, places, messuages or tenements of whatever nature or
kind and wheresoever situate, also grant,

demise, alienate or otherwise dispose of same:

Provided that it shall not acquire any immovable property
in the Colony without the prior consent of the Governor in
Council in each case;

(b) enter into any contract;

(c)

employ such officers, agents and servants on such terms as to
remuneration or otherwise, as the Organization may determine;

(d)grant pensions, gratuities and retiring allowances to officers
and servants and their dependants;

(e)delegate, subject to any orders made by the Governor under
section 9, such of its powers as the Organization may deem
expedient for the due conduct and management of its
functions;

(f)borrow money on such terms as may be approved by the
Governor; and (Amended, 34 of 1962, s. 4)

(g)charge such fee or commission as it thinks fit for any service
provided by the Organization. (Added, 34 of 1962, s.4)

14. (1) All moneys received, including any moneys borrowed, by
the Organization shall be brought to account and shall be administered
by it for the purposes of this Ordinance, and any moneys so brought to
account may be left on current or deposit account with any bank or
invested in such mortgages, debentures, stocks, funds, shares or other
securities as the Governor may approve.

(2) The Organization shall keep proper accounts and shall prepare a
statement thereof for every period of 12 months ending on the 31st
March. The accounts and the statement thereof shall





be audited by an auditor appointed by the Governor and such auditor
shall certify the statement subject to any report which he may think fit to
make. The audited statement together with the auditor's report, if any,
shall be laid on the table of the Legislative Council not later than the 31st
October next following the end of the period to which such statement
relates or so soon thereafter as the Governor may in his discretion allow.
(Amended, 14 of 1978, s.4)

(3) The Organization shall submit to the Governor annual estimates
of income and expenditure and shall not incur expenditure beyond that
in the approved estimate without the prior consent of the Governor:

Provided that nothing in this subsection shall prevent the
Organization incurring and making provision for necessary day to day
expenses pending the approval of its annual estimate.

15. (1) The Organization may make by-laws concerning the
wholesale marketing of marine fish for the purpose of

(a)regulating the landing, transport and storage of marine fish;

(b)regulating the conduct of markets, depots and ancillary
establishments conducted by the Organization; (Amended, 34
of 1962, s. 5)

(e)providing registers of person's authorized to buy marine fish in
markets, the conditions to be observed by such persons and
for the removal from registers of the names of persons entered
thereon; (Amended, 34 of 1962, s. 5)

(d)requiring persons concemed in the fisheries industry to
supply such information as it may require in connexion with
such wholesale marketing;

(e) specifying the forms to be used; (f)

prescribing a rate of commission for sales of marine fish by the
Organization,: and (Replaced, 34 of 1962, s. 5)

(g)carrying out the functions of the Organization set out in
section 11.

(2) Such by-laws may prescribe contraventions thereof which shall
constitute offences and may prescribe penalties not exceeding 5500.



(3) Such by-laws shall be submitted to the Governor, shall be
subject to the approval of the Legislative Council and shall take effect
subject to any regulations made under section 4.

(4) Copies of such by-laws shall be kept at each market and shall be
available for public inspection at such times as the market is open to the
public.





16. (1) There shall be a Fish Marketing Advisory Board
(hereinafter called the Board), which shall be a consultative body
for advising the Governor and the Organization upon any matters
referred to it by the Governor or by the Organization.

(2) The Board shall consist of the person for the time being
occupying the office of Director and such other members as are
appointed by the Governor. (Amended, 34 of 1973, s. 5)

(3) The person for the time being occupying the office of
Director shall be ex officio the chairman of the 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 1 year and may be reappointed at the pleasure of the Governor.

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

(SA) The Director shall appoint a public officer to be the
secretary to the Board. (Added, 34 of 1973, s. 5)

(6) The secretary shall forward a record of every meeting to the
Organization which shall transmit a copy to the Governor, together
with any observations it may wish to make thereon. (Amended,
34 of 1973, s. 5)

17. (1) Any person adversely affected by a decision of the
Organization in the exercise of its discretion in respect of any
act, matter or thing which is by this Ordinance made subject to
the exercise of such discretion may by notice in writing require
such decision of the Organization to be reviewed in manner here-
inafter provided. Such notice shall specify the reasons requiring
such review.

(2) Upon receipt of a notice under subsection (1) the Organi-
zation shall refer the decision complained of to the Board estab-
lished by section 16 and shall furnish the Board with a copy of
such notice.

(3) Upon reference under subsection (2) the Board shall hold
an inquiry at which there shall be permitted to appear and be
heard the person who has required such decision to be referred
for review, the representative of the Organization and other per-
sons whom the Board considers are affected by such decision:

Provided that if it appears to the Board that no good cause
has been shown why an inquiry should be held, it may refuse to
hold such inquiry.

(4) The Board shall submit its advice to the Governor with
the reasons therefor, stating whether in its opinion the decision
complained of should be confirmed, reversed or varied, or that
no review of the decision should be granted. Copies of such
advice and reasons shall be sent to the person who has required
such decision to be reviewed and to the Organization.





(5) The Governor may by order confirm, reverse or vary the
decision complained of, or may refuse to review such decision, and such
order shall be final.

PART III

ESTABLISHMENT OF SCHOLARSHIP
FUND

18. In this Part, unless the context otherwise requires

'Committee' means the Marine Fish Scholarship Fund Advisory
Committee established by section 24;

'corporation' means the corporation sole incorporated by section 19;

'fund' means the Marine Fish Scholarship Fund established by section
19;

'trustee' means the Director as trustee of the fund.

19. (1) There is hereby established a trust fund to be known as the
Marine Fish Scholarship Fund.

(2) The trustee shall hold the fund upon the trusts and subject to
the provisions contained in this Part.

(3) The fund shall consist of-

(a)the sum of $1,000,000 which shall, on the date of
commencement of this Part, be paid to the trustee by the
Organization from moneys received by it 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.

(4) For the purposes of this Part, the person for the time being
performing the duties of the office of the Director shall be the trustee of
the fund and shall be a corporation sole and shall have the name of 'The
Trustee of the Marine Fish Scholarship Fund' and in that name shall
have perpetual succession and may sue and be sued in any court.

(5) The corporation shall have a common seal and the affixing of the
seal shall be authenticated by the signature of the trustee.

(6) Any instrument purporting to be an instrument duly executed
under the seal of the corporation shall be received in evidence and shall,
unless the contrary is proved, be deemed to be an instrument so
executed.

20. 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 employed in the marine





fisheries and fish 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
marine fisheries and fish marketing industries in Hong
Kong.

21. (1) The cost of the administration of the fund and costs
incurred by the Committee in the discharge of its functions tinder
this Part, other than any audit fee paid under section 23(2) which
shall be a charge on the fund, shall be borne by the Organization.

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

22. 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.

23. (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.

24. (1) There shall be established a committee to be known
as the Marine Fish Scholarship Fund Advisory Committee.

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

(3) The Committee shall consist of-
(a) the trustee;





(b)3 other members of the Fish 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 Committee,
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 shaft appoint a pub public officer to be the secretary
to the Committee.

(7) The Committee may regulate its own procedure.

(Part III added, 14 of 1978, s. 5)
Originally 28 of 1956. 34 of 1962. 34 of 1973. 14 of 1978. G.N.A. 126/62. Short title. Interpretation. Landing and sale of marine fish restricted. Regulations. Licences and permits. Governor may give directions to the Organization. Powers of search, seizure and arrest. (Cap. 232.) Sale and forfeiture of goods seized. Establishment of fish marketing Organization. Property vested in the Organization. Functions of the Organization. Seal of Organization and signification of acts. Powers of Organization. Financial control. By-laws. Fish Marketing Advisory Board. Review of decisions of the Organization. Interpretation. Establishment and vesting of fund. Objects of the fund. Cost of administering the fund. Investment. Accounts. Establishment of Advisory Committee.

Originally 28 of 1956. 34 of 1962. 34 of 1973. 14 of 1978. G.N.A. 126/62. Short title. Interpretation. Landing and sale of marine fish restricted. Regulations. Licences and permits. Governor may give directions to the Organization. Powers of search, seizure and arrest. (Cap. 232.) Sale and forfeiture of goods seized. Establishment of fish marketing Organization. Property vested in the Organization. Functions of the Organization. Seal of Organization and signification of acts. Powers of Organization. Financial control. By-laws. Fish Marketing Advisory Board. Review of decisions of the Organization. Interpretation. Establishment and vesting of fund. Objects of the fund. Cost of administering the fund. Investment. Accounts. Establishment of Advisory Committee.

https://oelawhk.lib.hku.hk/items/show/3128

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