【法规名称】
【法规编号】 79422 什么是编号？
【正 文】
第4页 CAP 207 PLANT (IMPORTATION AND PEST CONTROL) ORDINANCE
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[接上页] (b) The Director or an authorized officer may after 7 days of the service of the notice under paragraph (a) direct that the plant or soil shall be destroyed without liability for compensation. (c) A notice under paragraph (a) shall be in such form as may be specified by the Director and shall be deemed to be served on the owner 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 18 The Government etc. not liable for damage etc. to plant in quarantine area Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 The Government, the Director and public officers shall not be liable- (a) for any damage caused to any plant; or (b) for the loss of any plant,while the plant is being kept in, or being taken to or from, a quarantine area in accordance with this Part. (Amended 65 of 1999 s. 3) Cap 207 s 19 General powers of authorized officers PART V POWERS OF AUTHORIZED OFFICERS (1) An authorized officer may, for the purposes of this Ordinance- (a) require a plant import licence or any document which relates to the origin of any plant, plant pest or soil to be produced to him; (b) examine and take copies of a plant import licence or any document referred to in paragraph (a); (c) take without payment but subject to the issue of an official receipt, such sample of any plant or soil in respect of which any plant import licence has been issued as may be required by the Director for the purpose of examination and investigation; (d) examine any plant or soil if he considers it necessary to do so to ascertain whether or not the provisions of this Ordinance are being, or have been, complied with by any person in respect of that plant or soil.(2) An authorized officer may require- (a) any person to whom a plant import licence has been issued; and (b) any servant, employee or agent of any person referred to in paragraph (a),to furnish such information or take such action as may be necessary to enable the authorized officer to exercise the powers conferred on him under this Ordinance. (3) When a sample of any plant or soil has been taken by an authorized officer under subsection (1)(c), the Director may, after examination and investigation, direct that the sample be returned to the owner or otherwise disposed of in such manner as the Director thinks fit. Cap 207 s 20 Seizure and disposal of illegally imported plants etc. (1) An authorized officer may seize, remove and cause to be destroyed without liability for compensation, any plant imported in contravention of section 4(1). (2) Subject to subsection (3), an authorized officer may seize without liability for compensation and remove any plant, plant pest or soil which is imported in contravention of- (a) any provision of this Ordinance other than section 4(1); (b) any condition of a plant import licence; or (c) any authorization issued by the Director under section 7 or 8(1).(3) An authorized officer who seizes and removes any plant, plant pest or soil under subsection (2) may either- (a) cause it to be treated in such manner as he thinks fit and thereafter, on payment to the Director of the appropriate prescribed fee, return it to the person from whom he seized it; or (b) without liability for compensation, destroy it or otherwise dispose of it in such manner as he thinks fit. Cap 207 s 21 Director and authorized officers to be subject to the Chief Executive's directions Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 PART VI DECISIONS AND APPEALS (1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Director or an authorized officer, of any powers or duties under this Ordinance. (2) The Director and every authorized officer shall, in the exercise or performance of any powers or duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1). (Amended 65 of 1999 s. 3) Cap 207 s 22 Appeals to the Chief Executive Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) Any person aggrieved by a decision, act or omission of the Director or of any authorized officer, taken, done or made in the exercise of any powers or the performance of any duties under this Ordinance may, within 14 days from the date when he was informed of the decision, act or omission or when the decision, act or omission became known to him (whichever is the later) or within such further period as the Chief Executive may allow in any particular case, by notice in writing lodge an objection to the decision, act or omission with the Chief Secretary for Administration. (Amended L.N. 226 of 1976; L.N. 362 of 1997) (2) On consideration of an objection lodged in accordance with subsection (1), the Chief Executive may confirm, vary or reverse the decision, act or omission of the Director or authorized officer, or substitute therefor such other decision or make such other order as he thinks fit. |
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