MARINE FISH CULTURE ORDINANCE

MARINE FISH CULTURE ORDINANCE

LAWS OF HONG KONG

MARINE FISH CULTURE ORDINANCE

CHAPTER 353





ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

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

3. Authorized officers ........................ ... ... ... ... ... ... ... 3

4. Power of Governor to give directions ... ... ... ... ... ... ... ... ... ... 3

PART II

CONTROL AND PROTECTION OF FISH CULTURE

5. Designation of fish culture zones and specification of sites therein ... ... ... ... 3
6. Restrictions of fish culture ... ... ... ... ... ... ... ... ... ... ... ... 4
7. Prohibition of fish culture outside fish culture zones ... ... ... ... ... ... 4
8. Grant of licences and renewal thereof ... ... ... ... ... ... ... ... ... ... 4
9. Cancellation of licences ... ... ... ... ... ... ... ... ... ... ... ... 5
10. Director may give instructions on fish culture ... ... ... ... ... ... ... ... 5
11. Protection of fish culture zones ... ... ... ... ... ... ... ... ... ... ... 5
12. Interference with rafts or impoundments or fish therein ... ... ... ... ... ... 6
13. Prohibition of unauthorized vessels etc. in fish culture zones ... ... ... ... ... 6

PART III

GENERAL

14. Director may grant permits in certain cases ... ... ... ... ... ... ... ... 6
15. Limitation of rights under licences or permits ... ... ... ... ... ... ... ... 7

16. Right of appeal ............................ ... ... ... ... ... ... ... 7

17. Power of search, seizure, etc. ... ... ... ... ... ... ... ... ... ... ... 8
18. Power of sale or other disposal ... ... ... ... ... ... ... ... ... ... ... 8

19. Power of arrest ............................ ... ... ... ... ... ... ... 9
20. Obstruction, etc . ......................... ... ... ... ... ... ... ... ... 9

21. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
22. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
23. Savings ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11





CHAPTER 353

MARINE FISH CULTURE

To regule and protect marine fish culture and for purposes connected
therewith

[18 January 1980.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Marine Fish Culture Ordinance.

2. In this Ordinance, unless the context otherwide requires-
'authorized officer' means a public officer authorized under section 3;

'Director' means the Director of Agriculture and Fisheries;

'fish' means any marine fish, curustacean or mollusc, other than an oyster;

'fish culture' means any operation involving the maintenance, propagation
or promotion of growth of fish in captivity within the waters of
Hong Kong.

'fish culture zone' means an area of the waters of Hong Kong designated
to be a fish culture zone under section 5(a);

'impoundment' means an enclosure of an area of the waters of Hong Kong
by means of a net or other removable, permeable structure used or
designed for the prupose of fish culture.

'licence' means a licence granted or renewed under section 8;

'licensee' means the holder of a licence.

'permit' means a permit granted or renewed under section 14;

'permittee' means the holder of a permit.

'raft' means a floating structure or object, including any cage, net
or other device attached thereto, used or designed for the purpose
of fish culture.

'site' means a site within a fish culture zone specified under section
5(6);

'vessel' includes

(a) any ship, boat or any other description of vessel used in
navigation; and




(b)any other movable structure that is not used in navigation and
not constructed nor adapted for use in navigation, but does
not include a raft;

'waters of Hong Kong' means all tidal water, havigable or not,
within the boundaries of Hong Kong specified in the Second
Schedule to the Interpretation and General Clauses Ordinance.

3. (1) The Director may authorize in writing any public Authorized officer to
exercise any of the powers and perform any of the duties or officers. functions
conferred or imposed on the Director or an authorized officer by this Ordinance.

(2) A document purporting to be an authorization under
subsection (1) and to be signed by the Director shall, without further
proof and until the contrary is proved, be evidence of the matters
contained therein in any proceedings or otherwise.

(3) An authorized officer when exercising a power or performing a
duty or function under this Ordinance shall produce his authorization
under subsection (1) for inspection by any person who questions his
authority to exercise the power or to perform the duty or function.

(4) A public officer who ceases to be an authorized officer shall
forthwith deliver up his authorization to a person authorized by the
Director to receive it.

4. (1) The Governor may give to the Director or to an Power of authorized officer such
directions as he thinks fit with respect to the Governor to give exercise or performance of
any powers, duties or functions under directions. this Ordinance, and such directions may
be given either generally or in respect of any particular case. .

(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of any powers,
duties or functions under this Ordinance, comply with that direction.

PART II

CONTROL AND PROTECTION OF FISH CULTURE

.5. The Director may- Designation of
fish culture zones
(a) by order published in the Gazette designate any area of the and specification
waters of Hong Kong to be a fish culture zone within of sites therein.
which fish culture may be engaged in, and he shall
demarcate the boundaries of the fish culture zone in the
prescribed manner; and
(b) in such manner as he thinks fit, specify sites within a fish
culture zone.





6. (1) No person shall, without a licence, engage in fish
culture within a fish culture zone.

(2) No person shall, without a permit granted under section
14(1)(a), engage in fish culture within the waters of Hong Kong for
the purposes of scientific research.

(3) No person shall, without a permit granted under section
14(1)(b), maintain fish in captivity within the waters of Hong Kong
for purposes other than the propagation or promotion of growth of
such fish.

(4) Any person who contravenes this section commits an
offence.

7. (1) Subject to subsection (2), no person shall engage in
fish culture within the waters of Hong Kong outside a fish culture
zone.

(2) This section shall not apply to-

(a) fish culture for the purposes of scientific research; and

(b)the maintenance of fish in captivity for purposes other than
the propagation or promotion of growth of such fish.

(3) Any person who contravenes this section commits an
offence.

8. (1) Subject to this Ordinance, the Director may grant to
any person, a licence, and renew such licence, to engage in fish
culture within a fish culture zone.

(2) The form of application for the grant or renewal. of a
licence and the form of the licence shall be specified by the Director.

(3) A licence may be granted, and may be renewed, subject to
such conditions as the Director thinks fit.

(4) The Director shall specify in a licence-

(a) the site in respect of which the licence is valid;

(b)the area of the rafts or impoundments permitted under the
licence; and

(c) the conditions to which the licence is subject.

(5) A licence shall not be transferable.

(6) The Director may refuse to grant or renew a licence if it
appears to him-

(a)that, having regard to the size or location of a fish culture
zone, the grant or renewal of a licence would cause
overcrowding of the fish culture zone or would otherwise
not be in the best interests of fish culture;





(b)that any raft or impoundment used or to be used by the
applicant for the purpose of fish culture does not comply with
any of the provisions of this Ordinance or any regulations
made thereunder.

(7) Where the Director refuses to grant or.renew a licence under
subsection (6) he shall send to the applicant a notice of the refusal and
state in the notice the reasons for the refusal.

9. (1) The Director may cancel a licence-

(a)on any ground specified in section 8(6) which would have
entitled him to refuse to grant or renew a licence;

(b) on the ground that the licensee has-

(i) contravened any of the provisions of this Ordinance or
any regulations made thereunder;

(ii) contravened his licence;

(iii) failed or is unable or incompetent to carry out the
purposes of his licence; or

(iv) failed to provide adequate management or supervision
of any raft or impoundment in respect of which the licence is
valid.

(2) Where the Director cancels a licence under subsection (1) he
shall, where practicable, send to the person who wa's the holder of the
licence a notice of the cancellation and state in the notice the reasons
for the cancellation.

10. (1) The Director may give to all or any licensees instructions in
writing as to

(a) any matter concerning fish culture;

(b)the disposal or destruction of any fish within any site found
or suspected to be suffering from any infectious disease; or

(c)the disposal of any noxious or waste matter resulting from the
collecting or harvesting of fish.

(2) It shall be a condition of every licence that the licensee shall
carry out, or cause to be carried out, to the satisfaction of the Director,
within the site in respect of which his licence is granted, any
instructions given to him under subsection (1).

11. Any person who, without reasonable excuse, deposits, or
causes or permits to be deposited, either on land or in the sea, any
chemical or other substance or thing in such a place or in such a
manner as

(a)to injure or to be likely to injure any fish in any fish culture
zone; or

(b)to pollute or to be likely to pollute the waters in any fish
culture zone,

commits an offence.





12. (1) Subject to subsection (2), any person who wilfully-

(a)moves, damages or otherwise interferes with any raft or
impoundment that is lawfully within a site; or

(b)removes any fish from, or injures or otherwise interferes
with any fish within, such a raft or impoundment,

commits an offence.

(2) Subsection (1) shall not apply to any act prohibited by that
subsection if such act is-

(a) authorized by or under this or any other Ordinance;

(b)committed by the owner of the raft or impoundment, or of
the fish therein or with such owner's consent; or

(c)committed in a case of emergency or stress of weather to
save life or property or for the safety of any raft or
impoundment, or of any fish therein.

13. (1) Subject to subsection (3)(a), any person who causes or
permits any vessel to enter or remain in a fish culture zone commits
an offence.

(2) Subject to subsection (3)(b), any person who causes or
permits any raft or impoundment to enter or remain or to be
constructed in a fish culture zone otherwise than under and in
accordance with a licence or permit granted to him commits an
offence.

(3)(a) Subsection (1) shall not apply to any act prohibited
by that subsection if such act is-
(i) committed for the purposes of or in connexion with
fish culture operations;
(ii) authorized in writing by the Director; or
(iii) committed in a case of emergency or stress of
weather to save life or property or for the safety of the
vessel concerned.

(b)Subsection (2) shall not apply where a raft or impound-
ment is caused or permitted to enter or remain in a fish
culture zone in a case of emergency or stress of weather to
save life or property or for the safety of the raft or
impoundment, or of any fish therein.

PART III

GENERAL

14. (1) The Director may, subject to such conditions as he
thinks fit, grant to any person a permit, and renew such permit, to-

(a)engage in fish culture within the waters of Hong Kong
solely for the purposes of scientific research; or





(b)maintain fish in captivity within the waters of Hong Kong
for purposes other than the propagation or promotion of
growth of such fish.

(2) The Director may cancel or refuse to renew a permit-

(a) on the ground that the permittee has-
(i) contravened any of the provisions of this Ordinance
or any regulations made thereunder;
(ii) contravened his permit;
(iii) failed or is unable or incompetent to carry out the
purposes of his permit; or
(iv) failed to provide adequate management or supervi-
sion of the fish culture or other operations permitted under
his permit; or

(b) in the public interest.

(3) Where the Director refuses to grant a permit under subsec-
tion (1), or cancels or refuses to renew a permit under subsection (2),
he shall, where practicable, send to the applicant or the person who
was the holder of the permit, as the case may be, a notice of the
refusal or cancellation and state in the notice the reasons for the
refusal or cancellation.

15. No licence or permit shall be construed as granting any
right to-

(a)occupy or use any land, whether the same be covered by
water or not; or

(b) the exclusive use of any water,

except for the purposes of this Ordinance.

16. (1) Any person aggrieved by a decision of tlie Director to
cancel a licence or permit, or to refuse to grant or renew a licence or
permit, may, within 21 days after the receipt of a notice under
section 8(7), 9(2) or 14(3), as the case may be, or within such further
period as the Governor may in any particular case allow, appeal by
way of petition to the Governor.

(2) The Governor may, when considering an appeal under
subsection (1), confirm, vary or reverse the decision.

(3) The decision of the Governor on any such appeal shall be
final.

(4) Where an appeal is lodged in accordance with subsec-
tion (1)-

(a)against a decision of the Director to cancel, or to refuse to
grant, a licence or permit, the decision shall not become
effective pending the determination of the appeal by the
Governor; or





(b)against a decision of the Director to refuse to renew a licence
or permit, the licence or permit (if expired) shall be deemed to
continue in force according to its terms and conditions until
the determination of the appeal by the Governor, and if the
effect of the decision of the Governor is that the licence or
permit shall be renewed by the Director, until such time as is
necessary to renew the licence or permit.

17. (1) Subject to subsection (2), if the Director or an authorized
officer has reason to suspect that any vessel or raft or impoundment
within the waters of Hong Kong is being or has been used in or for or in
connexion with the commission of any offence under this Ordinance, he
may without warrant

(a) board and search any such vessel or raft; and

(b)seize and detain any such raft or impoundment, and any fish,
equipment or other thing found on board any vessel or on or
in any raft or within any impoundment which appears to him to
be or to have been so used or that constitutes evidence of any
such offence having been committed. (Replaced, 18 of 1983,
s. 2)

(2) Subsection (1) shall not apply to-

(a)any ship required to be provided with a certificate referred to
in section 3(1) of the Merchant Shipping Ordinance. and

(b)any vessel for the time being used for any purpose by Her
Majesty's Government, the Government of Hong Kong or any
State.

(3) The Director or an authorized officer may seize and detain any
raft or impoundment found sunken, stranded. abandoned or adrift
within or outside a fish culture zone and any fish. equipment or other
thing found on or in any such raft or within any such impoundment.
(Replaced, 18 oj'1983, s. 2)

18. (1) Subject to subsection (4), the Director or an authorized
officer may sell in such manner as the Director or an authorized officer
sees fit, any raft or impoundment and any fish, equipment or other thing
found on board any vessel or on or in any raft or within any
impoundment, seized and detained under section 17.

(2) Where any raft or impoundment and any fish equipment
or other thing to which this section applies is sold under subsection
(1), the Director or an authorized officer may deduct from the
proceeds of sale any reasonable expenses or disbursements incurred
by the Director or an authorized officer in respect of the seizure,
detention or the sale.

(3) The proceeds of sale less any expenses or disbursements
deducted under this section shall





(a)if the owner thereof is known or becomes known before the
expiration of 6 months from the date of the sale, be paid to
the owner;

(b)if the owner thereof is not known, be paid into the general
revenue of Hong Kong after the expiration of 6 months
from the date of the sale.

(4) Notwithstanding subsection (1), if any raft or impound-
ment and any fish, equipment or other thing to which this section
applies is of no appreciable value or of value so small in the opinion
of the Director or an authorized officer as to render impracticable
the sale thereof, the Director or an authorized officer may cause such
raft or impoundment and any fish, equipment or other thing to be
destroyed or otherwise disposed of in such manner as the Director or
an authorized officer sees fit.

(5) The powers conferred on the Director or an authorized
officer under this section may be exercised whether or not any person
is or will be prosecuted for an offence under this Ordinance and
whether or not any person has been convicted of any such offence.
(Replaced, 18 of 1983, s. 3)

19. (1) The Director or an authorized officer may arrest any
person whom he has reasonable grounds to believe has contravened
any of the provisions of section 6 or 11.

(2) If any person forcibly resists an endeavour to arrest him
under this section, or attempts to evade such arrest, the person
effecting the arrest may use all reasonable means necessary to effect
the arrest.

(3) Every person arrested under this section shall, as soon as
the circumstances permit and in any event within 24 hours of his
arrest, be given into the custody of a police officer.

(4) Whenever an arrested person is given into the custody of a
police officer the provisions of sections 51 and 52 of the Police Force
Ordinance shall apply.

20. Any person who-

(a)obstructs the Director or an authorized officer in the
exercise of any power or the performance of any duty or
function conferred or imposed on the Director or an
authorized officer by this Ordinance; or

(b)fails to comply with any instruction given under this
Ordinance,

commits an offence.

21. (1) Any person who commits an offence under section 6 is
liable to a fine of $20,000 and to imprisonment for 1 year, and in the
case of a continuing offence to a further daily penalty of 5500.





(2) Any person who commits an offence under section 11 is liable
to a fine of $20,000 and to imprisonment for 1 year.

(3) Any person who commits an offence under section 7. 12, 13 or
20 is liable to a fine of $5,000 and to imprisonment for 6 months.

22. (1) The Governor in Council may make regulations for all or any
of the following matters--

(a)the application for and the grant and renewal of licences and
permits, and the fees payable in respect thereof,

(b)the period for which licences and permits may be granted and
renewed;

(c) the control of fish culture;

(d)the marking of the boundaries of fish culture zones and sites;

(e)the equipment to be installed and used on rafts and within
impoundments;

the construction, dimensions, marking and lighting of rafts
and impoundments;

(g)the structures that rnay be erected on rafts. and tlie removal of
illegal structures;

(h) the mooring and anchoring of rafts;

(i) the inspection of rafts, impoundments and sites;

(j)the inspection of fish maintained in rafts and within
impoundments;

(k)the size, species or numbers of fish which may be kept in rafts
and within impoundments;

(l)the returns and reports to be rendered and accounts. registers,
books, records and plans to be kept by licensees. and the
manner of rendering or keeping them,

(m)the seizure and detention of rafts or impoundments.. and of
any fish, equipment or other thing. to which section 17 applies;
(Replaced, 18 of 1983, s. 4)

(mm) the sale or other disposal or destruction under section 18 of
rafts or impoundments, and of any fish, equipment or other
thing seized and detained under section 17.. (Added, 18 of
1983, s. 4)

(n)generally for the better carrying out of the provisions and
purposes of this Ordinance.

(2) Regulations made under this section may provide that any
contravention of any such regulations shall be an offence, and may
prescribe penalties therefor not exceeding a fine of $3,000 and
imprisonment for 6 months, and in the case of a continuing offence a
further daily penalty of a fine not exceeding $ 100.





23. Nothing in this Ordinance shall-

(a)apply to any Portion of the foreshore or of the sea bed in respect
of which a Crown lease is granted or agreed to be granted or is
deemed to have been granted or agreed to have en granted
under the Foreshores and Sea Bed Ordinance ; or

(b)be construed to the prejudice of any of the provisions of the
Shipping and Port Control Ordinance.
Originally 2 of 1980. 18 of 1983. Short title. Interpretation. (Cap. 1.) Authorized officers. Power of Governor to give directions. Designation of fish culture zones and specification of sites therein. Restrictions on fish culture. [In force on 9.7.82. L.N. 267/82.] Prohibition of fish culture outside fish culture zones. [In force on 9.7.82. L.N. 267/82.] Grant of licences and renewal thereof. Cancellation of licences. Director may give instructions on fish culture. Protection of fish culture zones. Interference with rafts or impoundments or fish therein. Prohibition of unauthorized vessels etc. in fish culture zones. Director may grant permits in certain cases. Limitation of rights under licences or permits. Right of appeal. Power of search, seizure, etc. (Cap. 281.) Power of sale or other disposal. Power of arrest. (Cap. 232.) Obstruction, etc. Penalties. Regulations. Savings. (Cap. 127.) (Cap. 313.)

Originally 2 of 1980. 18 of 1983. Short title. Interpretation. (Cap. 1.) Authorized officers. Power of Governor to give directions. Designation of fish culture zones and specification of sites therein. Restrictions on fish culture. [In force on 9.7.82. L.N. 267/82.] Prohibition of fish culture outside fish culture zones. [In force on 9.7.82. L.N. 267/82.] Grant of licences and renewal thereof. Cancellation of licences. Director may give instructions on fish culture. Protection of fish culture zones. Interference with rafts or impoundments or fish therein. Prohibition of unauthorized vessels etc. in fish culture zones. Director may grant permits in certain cases. Limitation of rights under licences or permits. Right of appeal. Power of search, seizure, etc. (Cap. 281.) Power of sale or other disposal. Power of arrest. (Cap. 232.) Obstruction, etc. Penalties. Regulations. Savings. (Cap. 127.) (Cap. 313.)

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