【法规名称】
【法规编号】 44108 什么是编号？
【正 文】
第3页 CAP 139 PUBLIC HEALTH (ANIMALS AND BIRDS) ORDINANCE
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[接上页] (r) offences in the case of contravention of any such regulations or any direction given by the Director under powers conferred by this Ordinance and prescribing forfeiture in respect thereof and penalties therefor: Provided that no penalty so prescribed shall exceed a fine of $100000; (Added 20 of 1948 s. 4. Amended 17 of 1956 ss. 2 & 4; 80 of 1970 s. 3; 82 of 1990 s. 3; 27 of 1994 s. 3) (s) cleansing and disinfecting of any place which has been occupied by any animal or bird suffering from epidemic, endemic, contagious or infectious disease; (t) any matter associated with or connected with the matters specified in paragraphs (a) to (s) and generally for carrying into effect the purposes of this Ordinance. (Added 82 of 1990 s. 3)(2) Regulations made under this section may provide that where a person by whom an offence is committed is a corporation every director or other officer concerned in the management of the corporation shall be guilty of the like offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. (Added 80 of 1970 s. 3) (3) Regulations made under this section may require or provide for the- (a) registration or licensing of any business, trade or activity, described in subsection (1)(g); (b) registration or licensing of any person engaged in or connected with or proposing to be engaged in or connected with any such business, trade or activity; (c) registration or licensing of any premises or place referred to in subsection (1)(h) or any other place used for any business, trade or activity described in subsection (1)(g) or in which animals or birds are kept for the purpose of carrying out such business, trade or activity and matters ancillary thereto; or (d) issue of licences, permits or special permits in respect of any business, trade or activity described in subsection (1)(g). (Added 82 of 1990 s. 3)(4) Regulations made under this section may- (a) apply to persons generally; (b) apply to a class or description of persons as specified in the regulations; (c) apply in respect of animals generally or make different provisions in respect of animals or birds of different classes or descriptions or such animals or birds as may be specified in the regulations; (d) make different provisions in relation to different classes of business, trade or activity; (e) prescribe the fees to be paid in respect of any registration, licence, permit, special permit, housing of animals or birds, inspection, testing inoculation, disinfection, or any other matter provided for in the regulations; (f) provide for the expiry, renewal, validity or revocation of any licence, permit or special permit or prohibit the transfer thereof; or (g) provide that the Director may specify the form for making an application for a licence, permit or special permit and determine the form of a licence, permit or special permit. (Added 82 of 1990 s. 3)(5) Regulations made under this section may provide that in proceedings for an offence under the regulations- (a) any certificate purporting to be signed by such person as may be specified in the regulations; or (b) any other evidence referred to in subsection (1)(ob),which is produced or given in respect of a test or examination or analysis of a sample shall, with regard to that sample and in such circumstances and subject to such conditions as may be specified in the regulations, be admissible in evidence- (i) as prima facie evidence of the result of the test, examination or analysis and other facts certified therein; and (ii) as having been signed by the person whose signature appears thereon,unless the contrary is proved. (Added 82 of 1990 s. 3) (6) Regulations made under this section may provide that any article specified in the regulations, being an article commonly used for human consumption, shall, if sold or offered, exposed or kept for sale or if found on any premises, or in any vessel, vehicle or aircraft used for the preparation, storage or transport or sale of that article as the case may be, be presumed to have been or to be intended for sale for human consumption, unless the contrary is proved. (Added 82 of 1990 s. 3) (7) Regulations made under this section may- (a) provide that any summons issued in proceedings for offences under the regulations shall not be returnable sooner than a day specified in the regulations; (b) require the service of copies of certificates described in subsection (5)(a) with the summons and on the prosecution in specified cases; (c) require the service by any party to any proceedings under the regulations, of specified notices in specified cases; (d) enable the court or magistrate in specified circumstances to order on such terms and conditions as it or he thinks fit an adjournment or to exclude or admit any such certificate. (Added 82 of 1990 s. 3)(8) In this section "summons" (传票) means a summons issued under the Magistrates Ordinance (Cap 227), requiring a person against whom a complaint is made or information laid under that Ordinance, in respect of an offence committed under regulations made under this section, to appear before a magistrate to answer to such complaint or information. (Added 82 of 1990 s. 3) |
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