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[接上页] (h) the disposal of carcasses; and (i) any matters associated with or connected with the matters specified in paragraphs (a) to (h).(2) Regulations made under this section may- (a) authorize an authorized officer or police officer to give directions relating to the confinement, exercising or movement of animals within rabies control areas; (b) provide that a contravention of any such direction shall be an offence; (c) provide for an appeal to be made to the Appeal Board against any specified decision or action taken by the Director or an authorized officer under the regulations; (d) authorize the Director to declare the date of the coming into operation and the period of operation of any such regulations or part thereof, and to discontinue the operation of any such regulations or part thereof.(3) The Director may in writing in such cases as he thinks fit and for such period and subject to such conditions as he specifies exempt any person or class of persons from the application of any regulations made under this section where he is satisfied that public or animal health will not be endangered because of such exemption. (4) Notice of any exemption granted under subsection (3) may be published in the Gazette. (Enacted 1992) Cap 421 s 30 Importation or possession of prohibited animals PART V PROHIBITED ANIMALS (1) A person who- (a) imports or causes, suffers or permits to be imported into Hong Kong;or (b) keeps,any prohibited animal commits an offence and is liable to a fine of $50000 and to imprisonment for 1 year. (2) Where subsection (1) is contravened the owner and the operator of any conveyance in or on which the prohibited animal 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. (3) It is a defence to a charge brought under subsection (2) (read with subsection (1)) for an owner or operator to prove that he took all reasonable measures to prevent the contravention of subsection (1). (Enacted 1992) Cap 421 s 31 Declaration of place prohibited to animals Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 PART VI PLACES PROHIBITED TO ANIMALS (1) The Chief Executive may, by order published in the Gazette, declare any place to be a place prohibited to animals. (Amended 65 of 1999 s. 3) (2) The Director shall erect or place at every place declared to be a place prohibited to animals under subsection (1) a notice or notices indicating that, except under and in accordance with a permit, it is an offence to cause, suffer or permit an animal to enter or remain in such place. (Enacted 1992) Cap 421 s 32 Animals entering or remaining in places prohibited to animals (1) Except under and in accordance with a permit granted under subsection (2), a person who causes, suffers or permits an animal to enter or remain in a place prohibited to animals commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (2) An authorized officer may permit a person to bring an animal into a place prohibited to animals for such period and subject to such conditions as he considers appropriate. (Enacted 1992) Cap 421 s 33 Restricted application of this Part PART VII DETENTION OF ANIMALS AND THINGS Sections 37, 38 and 39 shall not apply in respect of a quarantine centre or observation centre maintained under and in accordance with a licence granted under the regulations. (Enacted 1992) Cap 421 s 34 Quarantine and observation centres The Director may by notice published in the Gazette declare any place to be a quarantine centre or an observation centre for the purposes of this Ordinance. (Enacted 1992) Cap 421 s 35 Detention of animals and things Where an animal or thing is seized under section 7 or 8 it shall, unless it is destroyed under those sections, be detained in such quarantine centre, observation centre or other place as an authorized officer may specify, for such period as he shall direct to be necessary in all the circumstances. (Enacted 1992) Cap 421 s 36 Power to vary period of detention (1) Where an animal has been directed to undergo detention in a quarantine centre, observation centre or other place for a specified period an authorized officer may increase or reduce such period as he considers fit. (2) Where a period of detention has been increased or reduced by an authorized officer under subsection (1) he shall forthwith notify the keeper, or in the case of an animal detained upon its importation into Hong Kong the importer, of the animal concerned of such increase or reduction, unless such person is unknown to or cannot readily be found or ascertained by the authorized officer, or is absent from Hong Kong. (Enacted 1992) Cap 421 s 37 Detention fees Fees and charges (1) The fees payable (including any fee estimated under subsection (2)) in respect of the detention of any animal under this Ordinance shall be payable by the keeper of the animal or in the case of an animal detained upon its importation into Hong Kong the importer of the animal, on demand being made to him by an authorized officer. |