|
[接上页] (Enacted 1994) Cap 421A s 9 Unauthorized entry or exit of persons (1) No person shall enter or leave a quarantine centre or observation centre without the permission of an authorized officer or, in the case of a licensed quarantine or observation centre, the licensee of the centre. (2) A person who contravenes subsection (1) commits an offence and is liable to a fine of $10000. (Enacted 1994) Cap 421A s 10 Sanitation of conveyances (1) All conveyances used for the transportation of animals to or from a quarantine centre or observation centre shall be kept clean and sanitary to the satisfaction of an authorized officer. (2) If a conveyance in an unclean or insanitary condition is found transporting animals to or from a quarantine centre or observation centre the owner and the operator of the conveyance shall each be guilty of an offence and liable to a fine of $10000. (Enacted 1994) Cap 421A s 11 Restriction on import of animals, carcasses and animal products PART III IMPORTATION OF ANIMALS, CARCASSES AND ANIMAL PRODUCTS (1) No person shall import or cause, suffer or permit to be imported into Hong Kong any animal, carcass or animal product except under and in accordance with a permit to do so issued by an authorized officer. (2) A person who contravenes subsection (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 1 year. (3) Where subsection (1) is contravened the owner and the operator of any conveyance in or on which the animal, carcass or animal product was imported into Hong Kong shall each be guilty of an offence and liable to a fine of $25000 and to imprisonment for 6 months. (Enacted 1994) Cap 421A s 11A Application to air transit or air transhipment cargo (1) Section 11(1) does not apply in relation to an animal that is air transit cargo, or a carcass or animal 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 animal is removed from an aircraft or such carcass or animal product is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of section 11(1)- (a) the animal, carcass or animal product is deemed to be imported at the time of such removal; and (b) the person who brought the animal, carcass or animal product, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the animal, carcass or animal product at the time of its removal,and, except to that extent, that section has effect as if this subsection had not been enacted. (2) For the purpose of the issue of a permit under section 12 for the import of an animal, carcass or animal product, the import of an animal that is air transit cargo or of a carcass or animal product that is air transit cargo or air transhipment cargo does not take place unless and until the animal is removed from an aircraft or the carcass or animal product is removed from the cargo transhipment area of Hong Kong International Airport other than for the purpose of its being taken out of Hong Kong by air. (3) In proceedings against a person for an offence under section 11(2) or (3), being proceedings- (a) in relation to the import of an animal that is air transit cargo, or a carcass or animal 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 animal was removed from an aircraft or the carcass or animal product was removed from the cargo transhipment area of Hong Kong International Airport,it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring. (4) Where in any proceedings the defence provided by subsection (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 subsection (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. 10) Cap 421A s 12 Issue and extension of permits |