【法规名称】
【法规编号】 79422 什么是编号？
【正 文】
第3页 CAP 207 PLANT (IMPORTATION AND PEST CONTROL) ORDINANCE
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[接上页] (2) Where under subsection (1) a person is authorized to search land or premises for any plant pest, he may- (a) enter at any reasonable time and search the land or premises accordingly; and (b) without further notice treat or destroy any plant pest or any plant or soil he believes to be infected by or infested with a plant pest in such manner as the Director may direct.(3) The Director may recover the cost of any action taken under subsection (2)(b) as a debt due to the Government from the person in possession or in charge of the plant pest, plant or soil. (Amended 65 of 1999 s. 3) Cap 207 s 12 Control of plant pests (1) If the Director is satisfied that a plant pest exists in or has been introduced into Hong Kong, he may by notice direct any person who is the owner or in possession or custody of any plant or soil infected by or infested with such plant pest- (a) to surrender the plant or soil to him without compensation; or (b) to destroy the plant pest or take such other action as is necessary to prevent its spread.(2) A notice under subsection (1) shall be in such form as may be specified by the Director and shall be deemed to be served on any person if it is delivered to him personally or left for him at his last known place of residence or business or sent by post in a letter addressed to him there. Cap 207 s 13 Non-compliance with notice Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) Where a notice served under section 12 is not complied with within 4 days after the day on which it was served the Director may take such steps as he thinks fit to destroy the plant pest or prevent its spread. (2) The Director may recover the cost of any action taken under subsection (1) as a debt due to the Government from the person served with the notice. (Amended 65 of 1999 s. 3) Cap 207 s 14 Declaration of quarantine area PART IV QUARANTINE The Director may, by order published in the Gazette, declare any area to be a quarantine area. Cap 207 s 15 Prohibition of entry into quarantine area (1) No person shall enter a quarantine area except in accordance with a permit issued by the Director or an authorized officer. (2) Subject to section 16(3), no person shall move any plant, plant pest or soil into or away from a quarantine area except in accordance with a permit issued by the Director or an authorized officer. Cap 207 s 16 Certain plants to be grown only in quarantine area Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) The Director may, by order published in the Gazette, declare that such plants as he may specify shall, after importation, be grown or propagated only in a quarantine area. (2) Any plant specified under subsection (1) which is imported shall be kept in a quarantine area until such time as the Director is satisfied that it is free from plant pests. (3) Any person who has in his possession or charge or on his land or premises any plant specified under subsection (1), shall within 4 days of the date of the publication of the order referred to in that subsection take the plant to a quarantine area and deliver it to the officer in charge thereof. (4) If any person who has in his possession or charge or on his land or premises any plant specified under subsection (1) contravenes subsection (3), the Director or an authorized officer may- (a) at any reasonable time enter, without a warrant, the land or premises; and (b) without further notice, seize the plant and cause it- (i) to be removed and destroyed; or (ii) to be removed and grown or propagated in a quarantine area.(5) The Director may recover the cost of any action taken under subsection (4)(b) as a debt due to the Government from the person in possession or in charge of the plant. (Amended 65 of 1999 s. 3) (6) The Director may charge such fees as may be prescribed in respect of the maintenance and treatment of plants which are grown or propagated in a quarantine area. Cap 207 s 17 Conditions under which a plant or soil may be removed from a quarantine area (1) Any plant or soil which has undergone quarantine and treatment and which, after examination by an authorized officer, is certified by him to be free from disease and plant pest may, when all fees and incidental expenses have been duly paid, be removed from the quarantine area on the issue by the Director or an authorized officer of a permit to remove the same. (2) (a) Any plant or soil which is in a quarantine area and in respect of which a permit to remove the same has been issued shall be removed by the owner within 7 days from the day on which the permit to remove was issued. (b) If such plant or soil is not removed or remains unclaimed after a period of 7 days from the day on which the permit to remove was issued, the Director or an authorized officer may direct that the plant or soil shall be destroyed or otherwise disposed of in such manner as he thinks fit without liability for compensation.(3) (a) Where the Director or an authorized officer is satisfied that a plant or soil is diseased and cannot be successfully treated he shall serve a notice on the owner thereof informing him of his intention to destroy such plant or soil. |
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