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[接上页] (ii) the person, on demand by an authorized officer, fails without lawful authority or reasonable excuse to produce documentary proof that- (A) in the case of a live protected wild animal, or a nest or egg of a protected wild animal, the same was not taken in Hong Kong; (B) in the case of a dead protected wild animal, or a part of a protected wild animal, the same was not killed or taken in Hong Kong, it shall be presumed, unless the contrary is proved, that- (i) in the case of a live protected wild animal, or a nest or egg of a protected wild animal- (A) the same was taken in Hong Kong; and (B) the person knows that the same was taken in Hong Kong; (ii) in the case of a dead protected wild animal, or a part of a protected wild animal- (A) the same was killed or taken in Hong Kong; and (B) the person knows that the same was killed or taken in Hong Kong. (Added 77 of 1996 s. 6) (Replaced 58 of 1980 s. 5) Cap 170 s 9 Sale or export of protected wild animals (1) No person shall, except in accordance with a special permit, buy, sell, export or offer for sale or export- (Amended 77 of 1996 s. 7) (a) any protected wild animal, or part of a protected wild animal, killed or taken in Hong Kong; or (b) any nest or egg of any protected wild animal taken in Hong Kong. (Amended 58 of 1980 s. 6) (2) For the purposes of subsection (1), where- (a) a person buys, sells, exports or offers for sale or export a 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 (b) the person, on demand by an authorized officer, fails without lawful authority or reasonable excuse to produce documentary proof that- (i) in the case of a protected wild animal, or a part of a protected wild animal, the same was not killed or taken in Hong Kong; (ii) in the case of a nest or egg of a protected wild animal, the same was not taken in Hong Kong, it shall be presumed, unless the contrary is proved, that- (i) in the case of a protected wild animal, or a part of a protected wild animal- (A) the same was killed or taken in Hong Kong; and (B) the person knows that the same was killed or taken in Hong Kong; (ii) in the case of a nest or egg of a protected wild animal- (A) the same was taken in Hong Kong; and (B) the person knows that the same was taken in Hong Kong. (Added 77 of 1996 s. 7) Cap 170 s 10 (Repealed 58 of 1980 s. 15) Cap 170 s 11 (Repealed 58 of 1980 s. 15) Cap 170 s 12 (Repealed 58 of 1980 s. 15) Cap 170 s 13 Entry in restricted areas (1) (a) Subject to subsection (2), no person shall, except in accordance with a permit in writing granted by the Director under paragraph (b), enter into or be within any area specified in Schedule 6 during the period specified in respect thereof in that Schedule. (Amended 58 of 1980 s. 7; 77 of 1996 s. 8) (b) The Director may, upon application in that behalf by any person in such form as the Director may specify, grant to the person, upon such conditions as he thinks fit, a permit in writing for the purposes of paragraph (a). (Added 77 of 1996 s. 8) (c) The Director shall, within 14 days of his determination of an application referred to in paragraph (b), notify the person by whom the application is made by notice in writing as to- (i) whether the permit applied for under the application is granted under paragraph (b); and (ii) where the permit is so granted, the conditions (if any) upon which it is so granted. (Added 77 of 1996 s. 8) (2) Subsection (1) shall not apply to- (a) a public officer or a member of Her Majesty's forces on duty within any such area; (Amended 44 of 1976 s. 3) (b) a person engaged on public works within any such area; or (c) a person ordinarily resident in such specified area. (3) A person who under subsection (2) lawfully enters or is within any area specified in Schedule 6 shall not- (Amended 77 of 1996 s. 8) (a) unless he is a police officer or a member of Her Majesty's forces or the Customs and Excise Service on duty, be in possession of any arms; (Amended 44 of 1976 s. 3; 58 of 1980 s. 7) (b) be in possession of any hunting appliance; or (c) hunt any wild animal. Cap 170 s 14 (Repealed 58 of 1980 s.15) Cap 170 s 15 Special permits (1) Notwithstanding any provision of this Ordinance, the Director may, upon application in that behalf by any person in such form as the Director may specify, grant to the person, upon such conditions as he thinks fit, a special permit in writing for the purposes of any of the provisions of sections 4, 5, 7(1) and (2), 8, 9 and 17C(3). (2) The Director shall, within 30 days of his determination of an application referred to in subsection (1), notify the person by whom the application is made by notice in writing as to- (a) whether the special permit applied for under the application is granted under subsection (1); and (b) where the special permit is so granted, the conditions (if any) upon which it is so granted. |