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[接上页] (d) that he has reasonable grounds to believe- (i) has not been vaccinated against rabies as required by the regulations; (ii) has not been licensed as required by the regulations or pursuant to section 21; (iii) has been abandoned; (iv) has bitten any person; (v) has been imported into Hong Kong in contravention of the regulations;(e) in relation to which he has reasonable grounds to believe an offence against this Ordinance has been committed.(2) Where an authorized officer is empowered by subsection (1) to seize and detain an animal but it is not reasonably practicable to do so he may instead destroy it. (3) An authorized officer may destroy an animal seized under subsection (1) where he has reasonable grounds to believe its detention under this Ordinance is likely to adversely affect the health of any other animal similarly detained. (4) Notwithstanding subsection (1) an authorized officer shall not seize and detain an animal that has been produced to him for vaccination against rabies on the ground only that he believes that it has not been so vaccinated. (Enacted 1992) Cap 421 s 8 Power to seize and sterilize or destroy thing (1) An authorized officer may seize any animal product, carcass or article used for or in connection with any animal, that he has reasonable grounds to believe- (a) is likely to cause rabies to be introduced into or spread within Hong Kong; (b) in the case of an animal product or carcass, has been imported in contravention of the regulations; or (c) is or contains evidence of an offence under this Ordinance.(2) An authorized officer may treat or sterilize anything seized under subsection (1) to free it from rabies. (3) An authorized officer may forthwith destroy anything seized under subsection (1) where- (a) the thing seized is of a perishable nature; (b) it is not reasonably practicable to treat or sterilize it; or (c) he is of the opinion that no purpose would be served by its treatment or sterilization having regard to the likelihood of any person wishing to claim it.(4) Where any animal product, carcass or article is seized and treated or sterilized or destroyed under this section, the reasonable costs of the seizure, treatment, sterilization or destruction may be recovered by the Government from the owner as a civil debt in any court of competent jurisdiction. (Enacted 1992) Cap 421 s 9 Power to examine and vaccinate For the purposes of preventing or controlling the spread of rabies an authorized officer may- (a) examine any animal, animal product, carcass, or infectious article; and (b) vaccinate against rabies any animal that he has reasonable grounds to believe has not been so vaccinated as required by the regulations. (Enacted 1992) Cap 421 s 10 Power of enter and search Subject to section 12, where an authorized officer reasonably suspects the presence in or on any land, premises or conveyance of an animal liable to be destroyed under section 6 or liable to be seized and detained or destroyed under section 7 or of any thing liable to be seized and treated or sterilized or destroyed under section 8 he may, with or without assistants, enter such land or premises or board such conveyance and search for such animal or thing. (Enacted 1992) Cap 421 s 11 Powers of entry-ancillary provisions (1) In exercising any power of entry under section 10 or 12 an authorized officer may use such force as is reasonably necessary- (a) to enter any land or premises or board any conveyance; or (b) to remove any person or thing obstructing the entry, boarding or search.(2) An authorized officer who enters any land or premises or boards any conveyance under section 10 or 12 shall, if so requested, produce written evidence of his identity and of his authorization under section 5. (Enacted 1992) Cap 421 s 12 Entry of domestic premises (1) Subject to subsection (2), sections 10 and 13 do not authorize any person without the permission of the occupier or person appearing to him to be in charge of the premises, to enter domestic premises unless a magistrate has issued a warrant authorizing him to enter the premises under subsection (3). (2) In a case of urgency, where a warrant cannot be obtained under subsection (3) without affording an opportunity for the animal liable to be seized or destroyed under this Ordinance to escape or to be removed from the premises or in the case of any thing liable to be seized, treated, sterilized or destroyed under this Ordinance without affording an opportunity for such thing to be removed from the premises, an authorized officer may, with or without assistants, enter such premises and search for such animal or thing. (3) A magistrate may, if satisfied by information on oath that there is a reasonable ground for suspecting the presence of any animal liable to be seized, detained or destroyed under this Ordinance or of any thing liable to be seized,treated, sterilized or destroyed under this Ordinance in any domestic premises,issue a warrant authorizing an authorized officer to enter and search the premises. |