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To make provision for the conservation of wild animals, and for purposes connected therewith. [23 January 1976] (Originally 5 of 1976) Cap 170 s 1 Short title This Ordinance may be cited as the Wild Animals Protection Ordinance. Cap 170 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "animal" (动物) means any form of animal life other than fish and marine invertebrates; (Amended 58 of 1980 s. 2) "arms" (枪械) includes- (a) any firearm of any description from which any shot, bullet or other missile can be discharged; (b) any air gun, air rifle or air pistol from which any shot, bullet or other missile can be discharged; and (c) any propelling or releasing instrument or mechanism, from or by which any shell, cartridge or projectile can be discharged;"authorized officer" (获授权人员) means- (a) a police officer; (b) (Repealed 47 of 1997 s. 10) (c) a nature warden or honorary nature warden appointed under section 16; (d) an authorized officer under the Forests and Countryside Ordinance (Cap 96); or (e) an authorized officer or a fisheries inspector under the Fisheries Protection Ordinance (Cap 171); (Replaced 14 of 1993 s. 14)"commercial purpose" (商业目的) means any purpose relating to trade or business; (Added 77 of 1996 s. 2) "Director" (署长) means the Director of Agriculture, Fisheries and Conservation, the Deputy Director of Agriculture, Fisheries and Conservation or an Assistant Director of Agriculture, Fisheries and Conservation; (Amended 77 of 1996 s. 2; L.N. 331 of 1999) "hunt" (狩猎) includes any act immediately directed at the killing or capture of any wild animal or the taking of any nest, egg, or young of any wild animal; (Amended 58 of 1980 s. 2) "hunting appliance" (狩猎器具) means any net, gin, snare, poison or poisoned weapon, bird lime, trap or bright light; "live decoy" (活生作诱饵用的动物) means a live animal intended for use in attracting any other animal; "nature area" (自然生态区) means- (a) any forest or plantation within the meaning of the Forests and Countryside Ordinance (Cap 96); (b) any country park or special area within the meaning of the Country Parks Ordinance (Cap 208); (c) any marine park or marine reserve within the meaning of the Marine Parks Ordinance (Cap 476); or (d) any area specified in Schedule 6; (Added 77 of 1996 s. 2)"protected wild animal" (受保护野生动物) means any wild animal specified in Schedule 2; (Amended 77 of 1996 s. 2) "special permit" (特别许可证) means a special permit granted under section 15; (Amended 77 of 1996 s. 2) "wild animal" (野生动物) means any animal, other than those classed at common law as domestic (including those so classed which have gone astray or have been abandoned). (Replaced 77 of 1996 s. 2) (Amended 58 of 1980 s. 2) Cap 170 s 3 (Repealed 58 of 1980 s. 15) Cap 170 s 4 Hunting, etc. of protected wild animals prohibited No person shall, except in accordance with a special permit, hunt or wilfully disturb any protected wild animal. (Amended 77 of 1996 s. 3) Cap 170 s 5 Protection of nests and eggs No person shall, except in accordance with a special permit, take, remove, injure, destroy or wilfully disturb a nest or egg of any protected wild animal. (Amended 58 of 1980 s. 3; 77 of 1996 s. 4) Cap 170 s 6 (Repealed 58 of 1980 s.15) Cap 170 s 7 Hunting by certain means prohibited (1) No person shall, except in accordance with a special permit, hunt any wild animal by means of- (a) a live decoy or the emission of recorded noises; (b) any pitfall; (c) any arms; or (d) any hunting appliance other than a hunting appliance approved by the Director for the purposes of this section by notice in the Gazette. (2) No person shall, except in accordance with a special permit, have in his possession any hunting appliance other than a hunting appliance approved by the Director for the purposes of this section by notice in the Gazette, or make a pitfall for the purpose of hunting any wild animal. (Replaced 58 of 1980 s. 4. Amended 77 of 1996 s. 5) Cap 170 s 8 Possession of protected wild animals (1) No person shall, except in accordance with a special permit, have in his possession or under his control- (Amended 77 of 1996 s. 6) (a) any live protected wild animal taken in Hong Kong; (b) any dead protected wild animal, or part of a protected wild animal, killed or taken in Hong Kong; or (c) any nest or egg of any protected wild animal taken in Hong Kong.(2) For the purposes of subsection (1), where- (a) a person has in his possession or under his control a live protected wild animal, a dead protected wild animal, a part of a protected wild animal, or a nest or egg of a protected wild animal, in a nature area; or (b) (i) a person has in his possession or under his control a live protected wild animal, a dead protected wild animal, a part of a protected wild animal, or a nest or egg of a protected wild animal, for a commercial purpose; and |