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[接上页] (b) to attend and give evidence when required to do so by the Appeal Board; (c) to produce any record, document or other thing he is required by the Appeal Board to produce; (d) to answer truthfully and fully questions put to him by or with the consent of the Appeal Board,commits an offence and is liable to a fine of $5000. (5) The Chairman at the hearing of the appeal may administer an oath or affirmation to any person. Cap 421 s 45 Decision of Appeal Board (1) The Appeal Board may confirm, vary or reverse or revoke the direction, refusal, increase, condition, decision or determination against which the appeal is made. (2) The decision of the Appeal Board shall be final and shall not be subject to appeal. (Enacted 1992) Cap 421 s 46 Proof of vaccination PART IX MISCELLANEOUS (1) Where the keeper of an animal is unable to produce evidence of the vaccination of that animal against rabies the animal shall be deemed, until the contrary is proved, not to be so vaccinated. (2) In any proceedings under this Ordinance, the burden of proof that an animal has been duly vaccinated against rabies shall be on the keeper of the animal. (Enacted 1992) Cap 421 s 47 Exemptions (1) The Director may exempt a person or class of persons or an animal or class, genus or species of animal from the application of any or all of the provisions of this Ordinance generally or for any purpose or by reference to any circumstances, where he is satisfied that public or animal health will not be endangered by such exemption. (2) An exemption under subsection (1) may be granted subject to such conditions as the Director considers necessary to ensure that public or animal health is not endangered. (3) Notice of any exemption granted under subsection (1) may be published in the Gazette. (4) A person who, without reasonable excuse, contravenes a condition of an exemption granted under subsection (1) commits an offence and is liable to a fine of $10000. (Enacted 1992) Cap 421 s 48 Amendment of Schedules Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 The Chief Executive may by order published in the Gazette amend the Schedules. (Enacted 1992. Amended 65 of 1999 s. 3) Cap 421 s 49 Compensation (1) Subject to subsection (2) where an animal has been destroyed under this Ordinance and it is established to the satisfaction of the Director that the animal was not affected with rabies at the date of its destruction, there shall be payable in respect of such animal out of money appropriated by the Legislative Council for the purpose, to the keeper of the animal compensation equal to the market value of the animal immediately before it was destroyed as determined by the Director. (2) No compensation is payable under this section where the keeper of the animal concerned has with respect to the animal- (a) failed to comply with any provision of this Ordinance; (b) failed to comply with any direction or requirement given to or imposed on him by the Director or an authorized officer pursuant to this Ordinance; or (c) caused, suffered or permitted any contravention of this Ordinance,prior to its destruction. (3) No compensation is payable by the Government in respect of the seizure, detention or forfeiture of an animal or thing under this Ordinance. (Enacted 1992) Cap 421 s 50 Giving of directions, etc. A direction, requirement or notice that is to be given to or imposed on a person in writing under this Ordinance may be given or imposed by- (a) delivering it personally to the person; or (b) leaving it, or sending it by post in a letter addressed to the person at his usual or last known place of residence. (Enacted 1992) Cap 421 s 51 Regulations Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) The Chief Executive in Council may make regulations with respect to- (Amended 65 of 1999 s. 3) (a) the control or prohibition of the possession, keeping, import, export or movement within Hong Kong, of animals, animal products and carcasses; (b) the control or prohibition of the transhipment or removal of animals, animal products and carcasses from any conveyance arriving in Hong Kong and the keeping of the same while in transit in Hong Kong; (c) the duties and obligations of keepers of animals including the prescription of minimum standards for the care and accommodation of animals; (d) the keeping of animals under proper control; (e) the identification of animals, by tattooing, certificate, the wearing of tags, or otherwise; (f) the establishment and operation of quarantine centres; (g) the detention of animals in quarantine centres under a system of quarantine; (h) the establishment and operation of detention places and observation centres for the detention and observation of animals; (i) the examination, testing, disinfection and treatment of animals; (j) the vaccination of animals against rabies and the identification, by tattooing, certificate, the wearing of tags, or otherwise, of animals that have been vaccinated against rabies; |