【法规名称】
【法规编号】 44108 什么是编号？
【正 文】
第4页 CAP 139 PUBLIC HEALTH (ANIMALS AND BIRDS) ORDINANCE
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[接上页] ________________________________________________________________________________ Note: See also 82 of 1990 s. 4. Cap 139 s 4 Restrictions on import of animals and birds Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) No person shall knowingly bring into Hong Kong any animal or bird suffering from disease. (Amended 65 of 1999 s. 3) (2) When information is received that any disease exists amongst any animals or birds at any place without Hong Kong, the Chief Executive may issue an order prohibiting, either absolutely or conditionally, the importation by land, sea or air or the transhipment in Hong Kong of any animals or birds from any such place. (Amended 43 of 1977 s. 3; 65 of 1999 s. 3) (3) Every order issued under this section shall be published in the Gazette at the earliest opportunity but shall come into operation immediately upon the making of the order. (4) Any person who- (a) contravenes any of the provisions of subsection (1); or (b) contravenes any of the provisions of an order issued under subsection (2),shall be guilty of an offence and shall be liable on summary conviction to a fine of $5000. (Added 4 of 1967 s. 4. Amended L.N. 389 of 1981) Cap 139 s 5 Movements of animals and birds with regard to infected areas Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) Whenever it appears to the Chief Executive, after such inquiry as he may consider necessary, that any disease exists among animals or birds in Hong Kong or in any part of Hong Kong, he may by notification in the Gazette issue an order to regulate the movements of any animals and birds within such areas as he may define in such order, and to prohibit any animal or bird being taken into or removed from such area. Every such area shall be deemed an infected place. (Amended 20 of 1948 s. 4; L.N. 162 of 1993; 65 of 1999 s. 3) (2) Any person who contravenes any of the provisions of an order issued under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of $5000. (Added 4 of 1967 s. 5. Amended L.N. 389 of 1981) Cap 139 s 6 Compensation for animals or birds slaughtered by order of the Director Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 COMPENSATION FOR ANIMALS SLAUGHTERED BY ORDER OF THE DIRECTOR (1) Subject to the provisions of this Ordinance and of any regulation made thereunder, compensation shall be paid out of the public revenue for any animal or bird slaughtered by order of the Director under the provisions of this Ordinance or of any regulation made thereunder to the owner thereof- (a) where an animal slaughtered was affected with rinderpest or swine fever, the compensation shall be one-half of its full value immediately before it became so affected; (b) where an animal slaughtered was affected with contagious bovine pleuro-pneumonia, the compensation shall be three fourths of its full value immediately before it became so affected; (c) where an animal slaughtered was affected with foot and mouth disease, the compensation shall be its full value immediately before it became so affected; (d) where a bovine animal slaughtered was affected with tuberculosis the compensation shall be such sum as may be ordered by the Director or, if no such order is made- (i) one thousand five hundred dollars in the case of an animal which, in the opinion of the senior veterinary officer, was of or over two years of age at the time of slaughter; (ii) seven hundred and fifty dollars in the case of an animal which, in the opinion of the senior veterinary officer, was under two years of age at the time of slaughter;(e) where an animal or bird slaughtered was affected with any disease except in cases otherwise specifically provided for in this subsection, the compensation shall be such proportion of its full value immediately before it became so affected as the Chief Executive in Council may decide after taking the advice of the Director; (f) where an animal or bird slaughtered was not affected with any kind of disease, the compensation shall be its full value immediately before it was slaughtered.(2) For the purposes of subsection (1) the full value of an animal or bird shall be determined by the Director. (3) The compensation payable under subsection (1) for an animal slaughtered shall not exceed- (a) three hundred dollars in the case of a pig; (b) one thousand five hundred dollars in the case of any animal other than a pig.(4) The compensation payable under subsection (1) for a bird slaughtered shall not exceed thirty dollars. (5) The Chief Executive in Council may if he thinks fit order that the compensation payable under subsection (1) shall be withheld, either wholly or partially, in any case where, in his opinion, the owner or person having charge of the animal or bird concerned has been guilty in relation to such animal or bird of an offence against this Ordinance or any regulation made thereunder or against any other enactment regulating the importation of animals or birds into Hong Kong or the control of animals or birds within Hong Kong, and where any such order is made the compensation or that part thereof which is ordered to be withheld shall not be paid. |
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