【法规名称】
【法规编号】 79488 什么是编号？
【正 文】
第2页 CAP 291 MARINE FISH (MARKETING) ORDINANCE
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[接上页] (a) enter and search any place and stop, board, and search any vessel or vehicle which he reasonably suspects of being concerned in such offence; (b) seize any marine fish and container thereof which he reasonably suspects of being the subject matter of such offence. Where necessary to effect such seizure, he may require the driver of any vehicle to proceed to a market or a police station and may detain any vessel or vehicle until such time as he shall be able to transfer therefrom the articles seized; (c) arrest and take to a police station any person whom he reasonably suspects of being concerned in such offence. On arrival at such police station the facts shall forthwith be reported to the officer in charge thereof who shall take the action prescribed by section 52 of the Police Force Ordinance (Cap 232) in like manner as if the person has been arrested by a constable without a warrant on reasonable suspicion of being guilty of an offence.(2) Any person who resists or obstructs any search, seizure, detention or arrest commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months. (Amended 8 of 1988 s. 5) (3) Notification of any manager or public officer authorized under subsection (1) shall be published in the Gazette. (Amended 34 of 1973 s.4; 14 of 1978 s.3) Cap 291 s 8 Sale and forfeiture of goods seized Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) Any marine fish seized under this or any other enactment may be sold wholesale by the Organization and the market proceeds held pending a determination by a magistrate under this section: Provided that the Director may in his absolute discretion restore to any person appearing to him to have a right thereto any marine fish or the market proceeds thereof. (2) On application being made a magistrate shall order to be forfeited to the Government any marine fish seized in accordance with section 7 or the market proceeds where he is satisfied that an offence against this Ordinance or any regulations or by-laws made thereunder has been committed in respect of such marine fish, whether or not any person has been convicted of such offence and whether or not the owner or other interested party is then before him. (Amended 65 of 1999 s. 3) (3) Within 1 month of the date of any order of forfeiture made under subsection (2), any person claiming and appearing to the magistrate to be the owner or a person otherwise interested in such marine fish, may apply to the magistrate for a review of his order, and the magistrate shall review his order and may rescind his order if he is satisfied that no offence under this Ordinance has been committed in respect of the marine fish. (4) Where the magistrate makes no order for forfeiture under subsection (2) or rescinds the order for forfeiture under subsection (3), he shall order that the marine fish or the market proceeds shall be returned or paid to the person, as the case may be, who establishes a right thereto. (5) Where no application for review is made to the magistrate under subsection (3) or where upon review the magistrate confirms the order of forfeiture, the marine fish or the market proceeds shall become the property of the Government free from all rights of any person, and the same shall be delivered up by the Organization to the Government. (Amended 65 of 1999 s. 3) (6) Notwithstanding the earlier provisions of this section, the Chief Executive in Council may in his absolute discretion entertain and give effect to any moral claim to or in respect of any marine fish forfeited thereunder. (Amended 65 of 1999 s. 3) (7) For the purposes of this section- "market proceeds" (市场收益) means the proceeds of sale in a market less any commission or fees payable to the Organization. Cap 291 s 9 Establishment of Fish Marketing Organization Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 PART II ESTABLISHMENT OF FISH MARKETING ORGANIZATION (1) There shall be established a corporation which shall be known as the Fish Marketing Organization, and which by that name may sue and be sued in the courts of Hong Kong. (Amended 8 of 1988 s. 6) (2) The Organization shall consist of such officer or persons as the Chief Executive may from time to time appoint. (3) Where the Organization consists of more than 1 person the Chief Executive may by order provide for the tenure of office and the remuneration of such persons, the delegation of powers by the Organization and other matters incidental thereto. (Amended 65 of 1999 s. 3) Cap 291 s 10 Property vested in the Organization (1) Upon and by virtue of the establishment of the Organization, the rights and obligations under all deeds, contracts, bonds, securities, things in action or moneys vested in or under the control of any person exercising functions analogous to those of the Organization at the time of such person ceasing to hold office, shall be transferred to and vested in the Organization in the same manner as if it had been contracted with instead of such person, and as if its name had been inserted in all such deeds, contracts, bonds or securities instead of the name of such person. |
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