【法规名称】
【法规编号】 79631 什么是编号？
【正 文】
第4页 CAP 277 AGRICULTURAL PRODUCTS (MARKETING) ORDINANCE
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[接上页] (f) empowering the Director to use funds under his control for the improvement of agriculture, including the standard of marketing of agricultural products, the encouragement of co-operation in agriculture and the education, health and welfare of persons employed in agriculture and agricultural product marketing and their families and dependants; (Amended 35 of 1962 s. 5; 18 of 1969 s. 3; 13 of 1978 s. 6) (g) generally for the purposes not inconsistent with the provisions of the Ordinance for which funds under the control of the Director may be used; (h) requiring producers and persons purchasing from or through the agency of the Director to furnish to the Director such estimates, returns or other information relating to products regulated under this Ordinance as the Director considers necessary; (i) prescribing the fee payable to the Director on the grant or renewal of any permit granted under the regulations; (Replaced 18 of 1969 s. 3) (j) providing for payment to the Director of a commission in respect of vegetables brought into a wholesale vegetable market, which shall be a percentage of the purchase price or a fee charged on the weight of the vegetables, and empowering the Director, after consulting the Advisory Board- (i) to declare in the case of any vegetables and any wholesale vegetable market whether the commission shall be such percentage or such fee; and (ii) to prescribe such percentage and fee; (Replaced 18 of 1969 s. 3)(k) prescribing forms; (Added 18 of 1969 s. 3) (l) empowering the Director to co-operate with any other person in doing or authorizing any other person to do anything which the Director is empowered to do by virtue of this section; (m) the management and control of markets established by the Director and the conduct of persons therein; (Added 18 of 1969 s. 3) (n) generally carrying into effect the provisions of this Ordinance and of any regulations made thereunder.(2) Any regulation made under this Ordinance may provide that a contravention thereof shall be an offence and that a person guilty of such offence shall be liable on summary conviction to a fine of $2000 and to imprisonment for 1 year. Any such regulation may provide that the burden of proving whether agricultural products are for sale, wholesale or not, or that they have been purchased retail or at a wholesale market shall lie upon the person accused. Cap 277 s 11 Power of search, seizure and arrest (1) The Director, any police officer, or any senior manager or market manager authorized in writing by the Director in that behalf, either generally or in any particular case, may, without warrant, if he has reason to believe that any offence against this Ordinance has been committed- (Amended 51 of 1973 s.6) (a) stop, board and search any vessel or vehicle which he has reason to believe was or is being used in connection with the commission of such offence; (b) seize and retain any regulated product (and any container thereof in respect of which he has reason to believe such offence has been committed, and may for the purpose of effecting such seizure require the person for the time being in charge of the vessel or vehicle, if any, in or on which such product is being transported to take the same to such port, market or police station as may in the circumstances be expedient and may there detain such vessel or vehicle until such time as he is able to cause the articles seized to be transferred therefrom; (c) arrest and forthwith take or cause to be taken to a police station any person whom he has reason to believe to have committed such offence.(2) Whenever the seizure of any regulated product is lawful under this Ordinance, it shall be lawful to seize and retain any book or document which appears to contain evidence relating to such product. (3) Any person who resists or obstructs any person in the exercise of any of the powers conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $500 and to imprisonment for 3 months. (4) A notification of any authorization made under subsection (1) shall be published in the Gazette. (Replaced 35 of 1962 s.6) Cap 277 s 12 Sale and forfeiture of goods seized Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) Where a magistrate is satisfied that an offence against this Ordinance has been committed in respect of any regulated product seized under section 11, whether or not any person has been convicted in respect of such offence, the magistrate may, upon application by the Director, order such product, together with any containers seized therewith, to be forfeited to the Government. (Amended 65 of 1999 s. 3) (2) Notwithstanding anything contained in subsection (1), where any regulated product seized under section 11 is of a perishable nature, the Director may cause such product to be disposed of prior to application being made under subsection (1) for forfeiture thereof, and if in any such case the magistrate who hears the application for forfeiture is not satisfied that an offence against this Ordinance has been committed in respect of the regulated product, he shall order the proceeds, if any, arising out of the disposal thereof to be paid to such person as in his opinion is the owner of the product. (3) Nothing in this section shall be construed to prevent the Director, in his discretion, releasing any regulated product or any container thereof seized under section 11 to any person appearing to him to be the owner thereof before an order for forfeiture is made, in which case no order for the forfeiture thereof shall be made. (4) For the purposes of subsection (2), "proceeds" (收益) means the proceeds of sale in a wholesale vegetable market less any fees or commission payable under the regulations. (Added 18 of 1969 s. 4) (Replaced 35 of 1962 s. 6) |
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