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【法规名称】 
【法规编号】 81899  什么是编号?
【正  文】

第3页 CAP 496 WHALING INDUSTRY (REGULATION) ORDINANCE

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  (2) In subsection (1), "relevant authority in the Central People's Government" (中央人民政府有关当局) means the organ in the Central People's Government from time to time responsible for whaling matters. (Added 65 of 1999 s. 3)
  
  (Enacted 1996)
  
  Cap 496 s 10 Powers of whale fishery inspectors
  
  (1) For the purposes of enforcing the provisions of this Ordinance a whale fishery inspector, on producing on demand evidence of the fact that he is such an inspector may-
  
  (a) board or enter any ship, aircraft or factory which he has reason to believe has been or is being used in contravention of this Ordinance, and inspect the ship, aircraft or factory and its plant and equipment;
  
  (b) in respect of such a ship or aircraft require the master, the commander and the crew or any of them, and in respect of such a factory the occupier or manager and the employees therein or any of them, to produce all such licences, records and other documents as the inspector considers it necessary to inspect, and to answer all such inquiries as he considers it necessary to make; and
  
  (c) take copies of, or extracts from, any documents produced to him.(2) Any whale fishery inspector specially authorized in writing in that behalf by the Director of Agriculture, Fisheries and Conservation may go on board any Hong Kong ship or Hong Kong aircraft which is used for treating whales, and shall, during the period specified in his authority, be entitled to remain on board the ship or the aircraft, and to be present at all operations in connection with the treating of whales on board the ship or the aircraft, and to be provided with subsistence and accommodation on board the ship.
  
  (3) The Director of Agriculture, Fisheries and Conservation shall, in respect of each day during which subsistence and accommodation on board a ship is provided in pursuance of subsection (2), pay to the master of the ship such sum as may be prescribed by regulations made by the licensing authority.
  
  (4) Every person who without reasonable excuse refuses to produce to a whale fishery inspector any document which he is required under this section to produce, without reasonable excuse refuses to answer, or answers falsely, any inquiry duly made of him by such an inspector, or otherwise wilfully obstructs, or without reasonable excuse refuses facilities to, such an inspector in the discharge of his functions under this section, commits an offence and is liable on conviction to a fine at level 5.
  
  (5) In this section "whale fishery inspector" (鲸业监察员) means any person appointed by the Director of Agriculture, Fisheries and Conservation to be such an inspector.
  
  (Enacted 1996. Amended L.N. 331 of 1999)
  
  [cf. 1934 c. 49 s. 8 U.K. as amended by 1981 c. 29 s. 35(6) U.K.]
  
  Cap 496 s 11 Improper use of documents
  
  A person who-
  
  (a) with intent to deceive, uses, or allows another person to use, a licence or permit granted under this Ordinance; or
  
  (b) makes or has in his possession any document so closely resembling a licence or permit authorized by this Ordinance as to be calculated to deceive,commits an offence and is liable on conviction to a fine at level 3.
  
  (Enacted 1996)
  
  [cf. 1934 c. 49 s. 9 U.K. as amended by 1981 c. 29 s. 35(5) U.K.]
  
  Cap 496 s 12 Defence available to certain owners, charterers and occupiers
  
  In any proceedings taken under this Ordinance against the master, owner or charterer of any ship, or against the commander, owner or charterer of any aircraft, or against the manager or occupier of any factory in respect of any act or omission on the part of another person, it shall be a defence for such person, as the case may be, to prove that the act or omission took place without his knowledge or connivance and was not facilitated by any negligence on his part.
  
  (Enacted 1996)
  
  Cap 496 s 13 Regulations
  
  Remarks:
  
  Adaptation amendments retroactively made - see 65 of 1999 s. 3
  
  The Chief Executive in Council may make regulations for carrying out the purposes and provisions of this Ordinance including, without limiting the generality of the foregoing, regulations concerning- (Amended 65 of 1999 s. 3)
  
  (a) lengths of whales;
  
  (b) the manner in which lengths are to be measured;
  
  (c) the procedure for applying for a licence under this Ordinance;
  
  (d) fees in connection with an application for a licence; and
  
  (e) the conditions to be attached to licences.
  
  (Enacted 1996)
  
  [cf. 1934 c. 49 s. 18 U.K.]
  
  Cap 496 s 14 Repeal and savings
  
  (1) The provisions of the Whaling Industry (Regulation) Acts as applied in or extended to Hong Kong immediately before the commencement of this Ordinance are repealed.
  
  (2) The provisions of the Whaling Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and Mandated Territories) Order 1936 (App. III, p. Z1) and the Whaling Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and Mandated Territories) Order 1941 (App. III, p. AI1), in so far as they form part of the law of Hong Kong, are repealed.
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