【法规名称】
【法规编号】 44098 什么是编号？
【正 文】
第2页 CAP 139E POULTRY (SLAUGHTERING FOR EXPORT) REGULATIONS
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[接上页] (a) the carcasses are of poultry slaughtered in a poultry export factory in accordance with these regulations; (b) the poultry used in the preparation of the poultry products has been so slaughtered; (c) the carcasses or poultry products, as the case may be, have been processed and inspected in a poultry export factory in accordance with these regulations; and (d) at the time when he exports or attempts to export the carcasses or poultry products there exists an export certificate in respect of such carcasses or poultry products.(2) No person shall- (a) slaughter poultry the carcasses or products of which he knows are intended to be exported to a country specified in the First Schedule; or (b) process carcasses or poultry products which, he knows are intended to be so exported,other than in a poultry export factory in accordance with these regulations. (3) This regulation shall not apply to carcasses imported from, or to poultry products derived from carcasses imported from, a country specified in the First Schedule. (L.N. 226 of 1974) Cap 139E reg 3A Application to air transit or air transhipment cargo (1) Regulation 3(1) does not apply in relation to a carcass or poultry product that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such carcass or poultry product is removed from the cargo transhipment area of Hong Kong International Airport, regulation 3(1) has effect as if this paragraph had not been enacted. (2) Nothing in this regulation precludes the issue of a certificate under regulation 110 for the export of a carcass or poultry product that is air transit cargo or air transhipment cargo only because the carcass or poultry product has been removed from the cargo transhipment area of Hong Kong International Airport. (3) In proceedings against a person for an offence under regulation 117(2) for a contravention of regulation 3(1), being proceedings- (a) in relation to the export of a carcass or poultry product that is air transit cargo or air transhipment cargo; and (b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the carcass or poultry product was removed from the cargo transhipment area of Hong Kong International Airport,it is a defence for the person to show that he reasonably believed that such removal had not occurred. (4) Where in any proceedings the defence provided by paragraph (3) involves an allegation that the commission of the offence was due to- (a) the act or default of another person; or (b) reliance on information given by another person,the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of- (i) the person who committed the act or default or gave the information; and (ii) the act, default or information,of which he is aware at the time he serves the notice. (5) A person is not entitled to rely on the defence provided by paragraph (3) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to- (a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and (b) whether he had any reason to disbelieve the information. (29 of 2000 s. 6) Cap 139E reg 4 Prohibition of use of premises as poultry export factory No person shall use or permit the use of any premises as a poultry export factory unless there is in force in respect of such premises a licence. Cap 139E reg 5 Grant of licence Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) The Director may, subject to these regulations, grant a licence in respect of the premises referred to in the licence for use as a poultry export factory and may attach to the licence such conditions as he may see fit to impose. (2) A licence shall be in the form prescribed in the Second Schedule and shall not be transferable. (3) The Director shall not grant a licence unless he is satisfied that- (a) the site of such premises is suitable for the establishment and maintenance thereon of a poultry export factory, having regard to all the circumstances and in particular to- (i) the present use of land or premises near the site; (ii) the availability of satisfactory electricity and potable water supplies and of a hygienic sewage disposal system capable of adequately serving the proposed poultry export factory; and (iii) the requirements of these regulations and of any other enactment;(b) the applicant has obtained all permits, approvals, consents and licences required under any enactment or Government lease in connection with the construction, reconstruction, alteration, adaptation and the use of the premises as the case may be, as a poultry export factory; (29 of 1998 s. 105) |
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