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[接上页] (6) Unless otherwise ordered by the Chief Executive in Council, no compensation shall be paid under subsection (1) for any animal or bird slaughtered which in the opinion of the senior veterinary officer shows symptoms of disease before it has been in Hong Kong for the period of incubation of the disease in question. (7) The Chief Executive in Council may by order define, for the purposes of subsection (6), the period of incubation of any disease. (Replaced 47 of 1956 s. 2. Amended 65 of 1999 s. 3) Cap 139 s 7 Retention for observation by order of the Director The Director may, notwithstanding anything in this Ordinance, retain and reserve for observation or treatment any animal or bird liable to be slaughtered under this Ordinance, but in every such case compensation shall be payable as in the case of actual slaughter. (Amended 17 of 1956 s. 2) Cap 139 s 8 Seizure of animals of contravention of regulations The senior veterinary officer, or any person acting under his direction, may seize any animal, bird or thing dealt with in contravention of this Ordinance or of any regulation thereunder, and may order the forfeiture of such animal, bird or thing, and the same shall thereupon be destroyed, sold or otherwise disposed of as the senior veterinary officer may direct. (Amended 17 of 1956 ss. 2 & 7) Cap 139 s 9 No compensation in case of forfeiture No compensation shall be paid in respect of any animal, bird or thing forfeited under this Ordinance or any regulation thereunder, and such forfeiture shall not prejudice or avoid any prosecution for breach of this Ordinance or any regulation. (Amended 17 of 1956 s. 2) Cap 139 s 9A Notice of intention to exhibit a wild animal or wild bird PROTECTION AND SAFETY OF THE PUBLIC AT PLACES WHERE WILD ANIMALS AND WILD BIRDS ARE EXHIBITED (1) Any person who intends to exhibit any wild animal or wild bird on premises to which the public are to be admitted shall, prior to the exhibition of the wild animal or wild bird, give notice in writing to the Director of his intention to exhibit the wild animal or wild bird, and such notice shall specify the kind of wild animal or wild bird which he intends to exhibit and the premises on which he intends to exhibit the wild animal or wild bird. (2) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable of summary conviction to a fine of $5000. (Amended L.N. 389 of 1981) (Added 4 of 1967 s. 6) Cap 139 s 9B Power of Director to require work done (1) Where a person intends to exhibit any wild animal or wild bird, the Director may cause a notice in accordance with subsection (3) to be served on such person or, if such person cannot be found, on the owner or occupier of the premises on which it is intended to exhibit the wild animal or wild bird, requiring the person on whom the notice is served, prior to the exhibition of the wild animal or wild bird, to take such steps and do such things to the satisfaction of the Director for the protection and safety of the public as may be specified in the notice. (2) Where a person is exhibiting a wild animal or wild bird, the Director may cause a notice in accordance with subsection (3) to be served on such person or, if such person cannot be found, on the owner or occupier of the premises on which the wild animal or wild bird is being exhibited, requiring the person on whom the notice is served- (a) within the period specified in the notice, to take such steps and do such things to the satisfaction of the Director for the protection and safety of the public as may be specified in the notice; and (b) if the Director thinks fit, to cease exhibiting the wild animal or wild bird, until such steps are taken or such things done as may be specified under paragraph (a).(3) Any notice served under subsection (1) or (2) shall be in the form specified in the Schedule, and such notice may be served, whether or not the Director has received a notice required to be given under section 9A. (4) Any person who fails to comply with any of the requirements of a notice served on him by the Director under subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine of $5000. (Amended L.N. 389 of 1981) (Added 4 of 1967 s. 6) Cap 139 s 10 Penalties PENALTIES (1) (Repealed 4 of 1967 s. 7) (2) Any licence or permit issued under any regulation made under this Ordinance shall be liable to cancellation by the Director for breach of any regulation to which the holder of such licence is subject, or for breach of any condition of such licence or permit. (Amended 17 of 1956 s. 2) Cap 139 s 11 Appeal to Chief Executive in Council against decision of any person entrusted with power under this Ordinance Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 APPEAL TO CHIEF EXECUTIVE IN COUNCIL (Amended 65 of 1999 s. 3) (1) Whenever any person is dissatisfied with the exercise of the discretion of the Director or of any person to whom discretionary power is given under this Ordinance in respect of any act, matter or thing which is by this Ordinance made subject to the exercise of the discretion of such authority, or with any action or decision of the Director or of any such person either as to the carrying out of or the meaning of any of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Chief Executive in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just. (Amended 17 of 1956 s. 2) |