【法规名称】
【法规编号】 79148 什么是编号？
【正 文】
第7页 CAP 421 RABIES ORDINANCE
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[接上页] (2) Where the length of any period of detention of an animal under this Ordinance is uncertain an authorized officer may estimate the amount of the prescribed fee and demand payment of such estimated fee. (3) Where the amount of an estimated fee paid in respect of any period of detention under this Ordinance exceeds the amount of the prescribed fee payable in respect of such detention or where subsequent to the payment of any estimated fee under this section it is determined that no prescribed fee is payable in respect of the detention, the amount of such excess or the amount of the estimated fee paid, as the case may be, shall be refunded. (Enacted 1992) Cap 421 s 38 Removal from detention, forfeiture, etc. (1) No person may remove an animal or thing from a quarantine centre, observation centre or other place in which it has been detained under this Ordinance except with the permission of an authorized officer and upon payment of the fees prescribed in respect of such detention. (2) Subject to subsection (3), where- (a) an animal or thing detained under this Ordinance is not removed from a quarantine centre, observation centre or other place- (i) in the case of an animal, by its keeper or in the case of an animal detained upon its importation into Hong Kong, by its keeper or importer; or (ii) in the case of a thing, by the owner of the thing, within 3 days after the expiry of a period of detention ordered or specified therefor;(b) the fees payable in respect of any detention under this Ordinance are not paid within 7 days after demand therefor has been made; or (c) the owner of a thing or the keeper, or in the case of an animal detained upon its importation into Hong Kong the keeper or importer, of an animal which is detained under this Ordinance cannot after reasonable inquiry be found or ascertained within 4 days after the commencement of such detention,the Director may order the forfeiture of the animal or thing, in which case he may either retain it or cause it to be sold, destroyed or otherwise disposed of as he considers appropriate. (3) The Director shall serve a notice on the keeper or importer of the animal or the owner of the thing as the case may require notifying him of his intention to order the forfeiture of such animal or thing before he makes the order of forfeiture unless such keeper or importer or owner is unknown to or cannot be readily found or ascertained by the Director or is absent from Hong Kong. (4) Where any animal or thing is sold or otherwise transferred pursuant to this section the purchaser or transferee thereof shall acquire a good title. (5) Where an animal or thing is sold pursuant to this section the Director shall as soon as is reasonably practicable after the sale serve a notice on the keeper or importer of the animal or the owner of the thing as the case may require notifying him- (a) that the animal or thing has been sold; (b) of the date of the sale; (c) of the amount of the fees payable in respect of the detention of the animal or thing; (d) of the expenses of the sale; and (e) that unless he makes a demand for the proceeds of the sale (after deducting the fees payable in respect of the detention and the expenses of the sale) within 1 month after the date of the service on him of the notice the proceeds of the sale shall be paid into the general revenue,unless such keeper or importer or owner is unknown to or cannot be readily found or ascertained by the Director or is absent from Hong Kong. (6) The proceeds of such sale, after deducting the fees payable in respect of the detention and the expenses of the sale, shall be paid on demand to the keeper or importer of the animal or the owner of the thing as the case may require if such demand is made- (a) where a notice has been served under subsection (5), within 1 month after the date of such service; (b) where a notice has not been served under subsection (5), within 1 month after the date of the sale.(7) Where the demand in subsection (6) is not made within 1 month after the date of the service of the notice under subsection (5) or the date of the sale, as the case may be, the proceeds of the sale shall be paid into the general revenue. (8) A person who contravenes subsection (1) commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (Enacted 1992) Cap 421 s 39 Liability for fees and charges The keeper or in the case of an animal detained upon its importation into Hong Kong the importer of an animal detained in a quarantine centre, observation centre or other place shall be liable for all fees and charges in respect of the animal including charges for transport to or from the centre or other place and for any inspection and treatment. (Enacted 1992) Cap 421 s 40 Appeal PART VIII APPEALS (1) Any person aggrieved by- (a) a direction given to him by an authorized officer under section 13 or 19; (b) the length of any period for which any animal of which he is the keeper or importer, is directed to be detained by an authorized officer under section 13(1)(c) or 35; |
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