MARINE FISH (MARKETING AND EXPORTATION) REGULATIONS

MARINE FISH (MARKETING AND EXPORTATION) REGULATIONS

MARINE FISH (MARKETING AND EXPORTATION) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

1 .

Citation ...

1A. Interpretation
2. Landing of marine fish
3. Transportation of marine fish

4. Notification of exports of marine fish ...

4A. Commencement and discontinuance of regulations 4B to 4G

4B..........................Permits required for the export of specified fish ...

4C.................Application for export permit ... .. ... ... ...

4D..........................Issue. form and cancellation of export permit ...

4E. Production of export permit to designated officer; powers of designated

officer ... ... ... ... ...

4F. Appeals to Governor in Council
4G. Offences and penalties
5. Offences

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MARINE FISH (MARKETING AND EXPORTATION)
REGULATIONS

(Cap. 291, section 4)

[21 December 1962.]

1. These regulations may be cited as the Marine Fish (Marketing
and Exportation) Regulations.

1A. In these regulations, unless the context otherwise requires-

'export permit' means a permit to export specified fish issued by the
Director under regulation 4D(1)(a);

,,owner', in relation to a vessel, aircraft or vehicle. means

(a)the owner and any person holding himself out to be the
owner;

(b)any person to whom the vessel, aircraft or vehicle has been
chartered or hired;

(c)any person having for the time being the control or
management of the vessel, aircraft or vehicle; and

(d)any person acting as agent for the owner in connexion with
the handling of fish carried in or on the vessel. aircraft or
vehicle;

'specified fish' means fish specified in an order made under regulation
4A(1).

2. (1) Marine fish nay be landed from fishing vessels licensed as
class 1 or class V 1 vessels under the Merchant Shipping
(Miscellaneous under the Merchant following places

(a) a market

(b) the New Territories, excluding New Kowloon

(c) the Island of Hong Kong south of a line from Sandy Bay in the ease to
Pak Sha Wan in the west.

(2) Marine fish may be landed from vessels other than those specified in
paragraph (1), without a permit, only at a market.


(3) Marine fish that-


(a) has been caught for sport or pleasure;

(b) has not been sold and is not intended for sale or export; or

(e)has been sold retail on the vessel from which such fish was
caught,

may be landed, without a permit, anywhere in the Colony.






3. Save with a permit in writing from the Director, no marine fish
shall be transported on land in any one means of transport other than a
train in quantities in excess of 60 kilograms, whether or not such fish is
owned by the same person.

4. Every person who exports marine fish shall before exportation
furnish to the Director in writing the following information

(a)the name, including business name, and business address of
the exporter;

(b)the description of the product and species of fish to be
exported;

(c) the weight and declared value of the product to be exported;

(d) the place of origin of the product to be exported;

(e)

the method of transport to be used, and, if by sea, the name
of the vessel and shipping agent to be employed; and

the number and description of any wholesale market bill,
wholesale permit, or bill of lading relating to the product to be
exported, which may be in the possession of the exporter.

4A. (1) Whenever he considers that-

(a)the exportation from Hong Kong of any species of marine fish
may adversely affect either the supply or the price of such
fish for the local market; or

(b)any such exportation would, for any reason, be contrary to
the public interest,

the Governor in Council may by order published in the Gazette declare
that, in respect of the fish specified in the order, regulations 4B 4C, 4D,
4E, 4F and 4G shall come into operation.

(2) When an order is made under paragraph (1), regulations 4B 4C,
4D, 4E, 4F and 4G shall continue in operation in respect of the specified
fish until discontinued by order of the Governor in Council published in
the Gazette.

(3) While regulations 4B 4C, 4D, 4E, 4F and 4G continue in
operation, the operation of regulation 4 shall be discontinued in respect
of the specified fish.

(4) An order under paragraph (2) shall not prejudice the power of
the Governor in Council to make a further order under paragraph (1),.

(5) Section 23 of the Interpretation and General Clauses Ordinance
shall have the same effect in relation to any regulation the operation of
which is discontinued by virtue of an order made under paragraph (2) or
of paragraph (3) as if that regulation had been repealed.





4B. (1) Subject to paragraph (2), specified fish shall not be exported
except under and in accordance with an export permit.

(2) An export permit shall not be required for the export of any
specified fish which

(a)has been processed otherwise than by freezing or chilling; or

(b)is intended for consumption on the vessel, aircraft or vehicle
in or on which it is exported.

4C. (1) An application for an export permit shall be made to the
Director in writing in a form specified by him.

(2) An applicant, shall give the following information-

(a)the name of the applicant, his business name (if any), his
address, and his registration number as a registered buyer
under the Marine Fish (Marketing) By-laws;

(b)the name of the consignee, his business name (if any), and his
address;

(e) particulars of the fish to be exported, including-

(i) the species and quantity by weight;

(ii) the number of packages or containers into which the
fish is or will be packed;

(iii) the net weight of fish in each such package or
container; and

(iv) the free-on-board price to be paid by the consignee,

(d)the name of the place at which the fish is or will be prepared
for export;

(e)the means by which the fish is to be transported,. including
the voyage or flight number (if any);

the name and business address of any agent employed in
connexion with the export of the fish;

(g)particulars, including the number, of any wholesale market bill
or permit issued in connexion with the purchase of the fish by
the applicant,

(h)if the fish has been imported into Hong Kong, the country
from which it was exported..

4D. (1) On the receipt of an application under regulation 4C, the
Director shall either

(a)issue an export permit (in such form as he may specify) to the
applicant; or

(b)notify the applicant in writing of his refusal to issue an export
permit.





(2) The Director may refuse to issue an export permit if-
(a)the applicant is not a registered buyer under the Marine
Fish (Marketing) By-laws;

(b) the application does not comply with regulation 4C; or

(c) the Director considers that-
(i) the exportation of the specified fish in respect of
which the application is made, whether of itself or having
regard to the exportation of other fish, may adversely
affect either the supply or the price of the specified fish for
the local market; or
(ii) for any reason, it would be contrary to the public
interest to grant the application.
(3) Where the Director cancels an export permit, he shall
notify the holder in writing of the cancellation and of the reasons for
the cancellation.

(4) An export permit shall not be transferable and shall not be
capable of being transmitted by operation of law except on the death
of the holder of the permit.

4E. (1) The holder of an export permit shall produce his
permit to a designated officer-
(a)at the time when, or immediately before, the specified fish
to which the export permit relates is loaded on board the
vessel, aircraft or vehicle on which it is to be carried, and
(b)whenever he is required by such an officer to produce the
export permit for inspection.
(2) If on production of an export permit under paragraph (1)
(a), a designated officer is satisfied that the fish which is to be
exported accords with the description of the specified fish in the
export permit, he shall cancel the export permit to the extent of the
quantity of fish being exported.
(3) If a designated officer has reason to believe that any
specified fish is about to be exported from Hong Kong on any vessel,
aircraft or vehicle in contravention of regulation 4B, he may direct
the owner of the vessel, aircraft or vehicle to prevent the fish from
being loaded thereon or, if the fish has already been so loaded, to
cause it to be removed from the vessel, aircraft or vehicle.
(4) Without prejudice to section 10 of the Import and Export
Ordinance, the owner of a vessel, aircraft or vehicle on which
specified fish is to be exported shall not-
(a)cause or permit the fish to be loaded thereon without
ensuring that-
(i) an export permit has been issued in respect of the
fish; and
(ii) the export permit has been cancelled in accordance
with paragraph (2); or





(b)without reasonable excuse, fail to comply with a direction
given under paragraph (3).

(5) The Director may designate-

(a)any officer of the Department of Agriculture and Fisheries; or

(b)with the concurrence of the Commissioner of Customs a
Excise

(i) any member of the Customs and Excise Service; or

(ii) any public officer who is authorized for the purposes of the
Import and Export Ordinance by the Commission of Customs and
Excise under section 4 of that Ordinance, to be a designated officer
for the purposes of this regulation.

4F. Any person aggrieved by-

(a)a decision of the Director on an application for the issue of an
export permit;

(b) the cancellation of an export permit; or

(c)the exercise by a designated officer of any of the powers
conferred by regulation 4E,

may, within 21 days, or such further period as the Governor may allow
in any particular case, appeal by way of petition to the Governor in
Council.

4G. Any person who

(a) contravenes regulation 4B or 4E(I) or (4); or

(b)makes any statement in an application under regulation 4C for
an export permit which to his knowledge is false or misleading
in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of
$1,000 and to imprisonment for 6 months.

5. Any person who-

(a)incites any other person to abstain from selling or purchasing
marine fish or intimidates any other person with the intention
of causing such person to abstain from selling or purchasing
marine fish;

(b) contravenes regulation 3;

(c) contravenes regulation 4; or

(d)knowingly makes any false or incorrect statement in furnishing
the Director with the information required under regulation 4,

shall be guilty of an offence and shallon summary conviction to a fine of
$1,000 and to imprisonment for 6 months.
G.N.A. 93/62. L.N. 115/76. L.N. 60/81. 40 OF 1985. Citation. L.N. 115/76. Interpretation. L.N. 115/76. Landing of marine fish. (Cap. 281. Sub. leg.) Transportation of marine fish. L.N. 60/81. Notification of exports of marine fish. Commencement and discontinuance of regulations 4B to 4G. L.N. 115/76. (Cap. 1.) Permits required for the export of specified fish. L.N. 115/76. (Cap. 291. Sub. leg.) Issue, form and cancellation of export permit. L.N. 115/76. Production of export permit to designated officer; powers of designated officer. L.N. 115/76. (Cap. 60.) 40 of 1985. s. 10. (Cap. 60.) Appeals to Governor in Council. L.N. 115/76. Offences and penalties. L.N. 115/76. Offences.

G.N.A. 93/62. L.N. 115/76. L.N. 60/81. 40 OF 1985. Citation. L.N. 115/76. Interpretation. L.N. 115/76. Landing of marine fish. (Cap. 281. Sub. leg.) Transportation of marine fish. L.N. 60/81. Notification of exports of marine fish. Commencement and discontinuance of regulations 4B to 4G. L.N. 115/76. (Cap. 1.) Permits required for the export of specified fish. L.N. 115/76. (Cap. 291. Sub. leg.) Issue, form and cancellation of export permit. L.N. 115/76. Production of export permit to designated officer; powers of designated officer. L.N. 115/76. (Cap. 60.) 40 of 1985. s. 10. (Cap. 60.) Appeals to Governor in Council. L.N. 115/76. Offences and penalties. L.N. 115/76. Offences.

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