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[接上页] Cap 141 s 9 Offences generally Offences and Penalties, etc. If any person without lawful authority or excuse does or omits to do anything which, under the provisions of this Ordinance or any regulation made thereunder, he ought not to do or omit, or if he obstructs or impedes, or assists in obstructing or impeding, any health officer or other officer appointed under this Ordinance or any police officer in the execution of his duty or disobeys any lawful order of any such officer as aforesaid, he shall be guilty of an offence against this Ordinance. Cap 141 s 10 Penalty If any person is guilty of an offence against this Ordinance or any regulation made thereunder for which no other penalty is provided, he shall be liable on summary conviction to a fine of $2500, and, if such offence be of a continuing nature, to a further fine of $250 for every day during which such offence shall continue. (Amended 22 of 1950 Schedule; 86 of 1993 s. 7) Cap 141 s 11 Increased penalty for second or subsequent offence A person convicted of any offence against this Ordinance or any regulation made thereunder who is within a period of 12 months from the date of such conviction convicted of a second or subsequent like offence against this Ordinance or any regulation made thereunder shall be liable to imprisonment for 2 months either in addition to or in lieu of the fine authorized by section 10. Cap 141 s 12 Arrest (1) When a person is seen or found committing or is reasonably suspected of being engaged in committing an offence against this Ordinance or any regulation made thereunder, any health officer or police officer may, without warrant, stop and detain him, and if his name and address are not known may arrest him. (2) If any person obstructs or impedes a health officer or other officer appointed under this Ordinance or any police officer in the execution of his duty under this Ordinance or any regulation made thereunder, or assists in any such obstruction or impeding, he may be arrested by such health officer or other officer or police officer without warrant. (3) Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted. Cap 141 s 13 Forfeitures If any person lands or attempts to land or otherwise brings into Hong Kong any animal or thing in contravention of this Ordinance or of any regulation made thereunder, such animal or thing shall be liable to be forfeited: Provided that this section shall not apply to landing or bringing into a quarantine station any animal or thing under the instructions of a health officer. (Amended 86 of 1993 s. 17) Cap 141 s 14 Presumption of knowledge When any occupant of a house in which a case of disease occurs, or any person in charge of a diseased person, is charged with an offence against this Ordinance or any regulation made thereunder, relative to such disease, he shall be presumed to have known of the existence of such disease in such person unless and until he shows to the magistrate before whom he is charged that he had not such knowledge and could not with reasonable diligence have obtained such knowledge. Cap 141 s 15 Measures under general direction of Director The execution of the measures prescribed by this Ordinance and the regulations made thereunder shall be carried out under the general direction of the Director. Cap 141 s 16 Power to requisition vehicles temporarily Where on any occasion it appears to the Director necessary for the carrying out of any of the provisions of this Ordinance, he may in writing authorize any health officer to requisition temporarily any vehicle or vessel for such period as in the opinion of the health officer is necessary for the carrying out on that occasion of such provision. (Added 38 of 1955 s.10) Cap 141 s 17 Compensation (1) Where either- (a) any vehicle or vessel is requisitioned under section 16; or (b) any article is destroyed under the provisions of this Ordinance for the purpose of preventing the spread of an infectious disease,the Director may order that compensation be paid. (2) Any dispute as to the amount of compensation shall, in default of agreement, be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 341). (Added 38 of 1955 s.10) Cap 141 s 18 Limitation of liability No matter or thing done by any health officer or by any public officer acting under his direction shall, if it were done bona fide for the purpose of executing this Ordinance, subject him or such public officer personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order. (Added 38 of 1955 s.10) Cap 141 s 19 Import of human remains, noxious insects and pests PART II THE PREVENTION OF THE INTRODUCTION OF DISEASE (1) No person shall knowingly import into Hong Kong any human corpse, human remains, living noxious insect, living pest, any living germ or microbe of disease or any bacterial culture without a permit in writing from the Director. (Amended 86 of 1993 s. 17) |