【法规名称】
【法规编号】 79486 什么是编号？
【正 文】
第2页 CAP 291A MARINE FISH (MARKETING AND EXPORTATION) REGULATIONS
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[接上页] (L.N. 115 of 1976; 65 of 1999 s. 3) Cap 291A reg 4B Permits required for the export of specified fish (1) Subject to paragraph (2) and regulation 4BA, specified fish shall not be exported except under and in accordance with an export permit. (33 of 2003 s. 5) (2) An export permit shall not be required for the export of any specified fish which- (a) has been processed otherwise than by freezing or chilling; or (b) is intended for consumption on the vessel, aircraft or vehicle in or on which it is exported. (L.N. 115 of 1976) Cap 291A reg 4BA Application to article in transit or transhipment cargo Regulation 4B(1) does not apply in relation to any specified fish exported as an article in transit or transhipment cargo if- (a) the fish is accompanied by a through bill of lading or a through air waybill to indicate that it is an article in transit or transhipment cargo, as the case may be; and (b) the document referred to in paragraph (a) is produced for inspection when any person referred to in regulation 1B so requests. (33 of 2003 s. 5) Cap 291A reg 4BB Production of document for inspection Without prejudice to regulation 4E, the holder of any document specified under these regulations shall produce it to any person referred to in regulation 1B for inspection when the person so requests. (33 of 2003 s. 5) Cap 291A reg 4C Application for export permit Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) An application for an export permit shall be made to the Director in writing in a form specified by him. (2) An applicant shall give the following information- (a) the name of the applicant, his business name (if any), his address, and his registration number as a registered buyer under the Marine Fish (Marketing) By-laws (Cap 291 sub. leg. B); (b) the name of the consignee, his business name (if any), and his address; (c) particulars of the fish to be exported, including- (i) the species and quantity by weight; (ii) the number of packages or containers into which the fish is or will be packed; (iii) the net weight of fish in each such package or container; and (iv) the free-on-board price to be paid by the consignee;(d) the name of the place at which the fish is or will be prepared for export; (e) the means by which the fish is to be transported, including the voyage or flight number (if any); (f) the name and business address of any agent employed in connection with the export of the fish; (g) particulars, including the number, of any wholesale market bill or permit issued in connection with the purchase of the fish by the applicant; (h) if the fish has been imported into Hong Kong, the country or place from which it was exported. (65 of 1999 s. 3) (L.N. 115 of 1976) Cap 291A reg 4D Issue, form and cancellation of export permit (1) On the receipt of an application under regulation 4C, the Director shall either- (a) issue an export permit (in such form as he may specify) to the applicant; or (b) notify the applicant in writing of his refusal to issue an export permit.(2) The Director may refuse to issue an export permit if- (a) the applicant is not a registered buyer under the Marine Fish (Marketing) By-laws (Cap 291 sub. leg. B); (b) the application does not comply with regulation 4C; or (c) the Director considers that- (i) the exportation of the specified fish in respect of which the application is made, whether of itself or having regard to the exportation of other fish, may adversely affect either the supply or the price of the specified fish for the local market; or (ii) for any reason, it would be contrary to the public interest to grant the application.(3) Where the Director cancels an export permit, he shall notify the holder in writing of the cancellation and of the reasons for the cancellation. (4) An export permit shall not be transferable and shall not be capable of being transmitted by operation of law except on the death of the holder of the permit. (L.N. 115 of 1976) Cap 291A reg 4E Production of export permit to designated officer; powers of designated officer (1) The holder of an export permit shall produce his permit to a designated officer- (a) at the time when, or immediately before, the specified fish to which the export permit relates is loaded on board the vessel, aircraft or vehicle on which it is to be carried; and (b) whenever he is required by such an officer to produce the export permit for inspection.(2) If on production of an export permit under paragraph (1) (a), a designated officer is satisfied that the fish which is to be exported accords with the description of the specified fish in the export permit, he shall cancel the export permit to the extent of the quantity of fish being exported. (3) If a designated officer has reason to believe that any specified fish is about to be exported from Hong Kong on any vessel, aircraft or vehicle in contravention of regulation 4B, he may direct the owner of the vessel, aircraft or vehicle to prevent the fish from being loaded thereon or, if the fish has already been so loaded, to cause it to be removed from the vessel, aircraft or vehicle. |
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