| To provide for the control of the importation of plants, plant pests and soil, for the prevention of the spread of plant pests and for matters incidental to and connected therewith. [1 May 1976] L.N. 98 of 1976 (Originally 6 of 1976) Cap 207 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Plant (Importation and Pest Control) Ordinance. Cap 207 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "authorized officer" (获授权人员) means a public officer authorized by the Director under section 3; "Director" (署长) means the Director of Agriculture, Fisheries and Conservation; (Amended L.N. 331 of 1999) "import" (进口), in relation to a plant, plant pest or soil, means to bring, or cause to be brought, into Hong Kong any plant, plant pest or soil by land, air or water or through the post; "in transit" (过境), in relation to a plant, plant pest or soil, means a plant, plant pest or soil which is brought into Hong Kong solely for the purpose of taking it or causing it to be taken out of Hong Kong; "phytosanitary certificate" (植物检疫证明书) means a phytosanitary certificate referred to in section 6(2); "plant" (植物) includes- (a) timber, trees and shrubs; and (b) leaves, roots, flowers, fruit, tubers, bulbs, corms, stocks, cuttings, layers, slips, suckers, seeds, and any part of a plant, whether or not intended for growing, planting or propagation or from which further plants may be grown, planted or propagated;"plant import licence" (植物进口证) means a licence referred to in section 6(1); "plant pest" (植物病虫害) means any bacterium, fungus, virus, mycoplasma, alga or other plant or any invertebrate animal which is capable of being injurious or destructive to plants; "premises" (处所) includes any vehicle, vessel or aircraft; "prohibited"(受禁制), in relation to a plant, plant pest or soil, means any plant, plant pest or soil the importation of which is not permitted except in accordance with and subject to the terms and conditions of a plant import licence or a written authorization of the Director; "quarantine area" (检疫区) means an area declared under section 14 to be a quarantine area; "soil" (泥土) includes earth, sand, clay and peat. Cap 207 s 3 Appointment of authorized officers The Director may authorize in writing any public officer to exercise any of the powers and perform any of the duties conferred or imposed on an authorized officer by this Ordinance. Cap 207 s 4 Prohibition of importation of certain plant PART II CONTROL OF IMPORTATION OF PLANTS (1) No person shall import any plant specified in the first column of Part I of the First Schedule from any country specified opposite thereto in the second column of that Part, unless- (a) it is imported subject to the conditions (if any) of a plant import licence issued in respect thereof; (b) it has been fumigated or disinfected in the country of its origin; (c) it is accompanied by a valid phytosanitary certificate which certifies that the plant is free from the plant pest specified in relation to such plant in the last part of the second column of the relevant item in Part I of the First Schedule; and (d) it is imported subject to the condition that every such plant shall be grown in quarantine until the Director is satisfied either that it is free from plant pests or that it is diseased and must be destroyed.(2) No person shall import any plant specified in the first column of Part II of the First Schedule from any country specified opposite thereto in the second column of that Part, unless- (a) it is imported subject to the conditions (if any) of a plant import licence issued in respect thereof; (b) it is accompanied by a valid phytosanitary certificate; and (c) it is imported subject to the conditions specified opposite thereto in the third column of that Part and such conditions relating to quarantine as may be specified by the Director.(3) Subject to section 5, no person shall import any plant other than a plant specified in the First Schedule unless- (a) it is imported subject to the conditions of a plant import licence issued in respect thereof; and (b) it is accompanied by a valid phytosanitary certificate. Cap 207 s 5 Exempted plants Section 4(3) shall not apply to- (a) any plant specified in Part I of the Second Schedule; and (b) any plant specified in Part II of the Second Schedule if it is accompanied by a valid phytosanitary certificate. Cap 207 s 6 Plant import licences and certificates, etc. (1) A plant import licence shall be in Form 1 set out in the Third Schedule and may be issued by the Director upon application made to him and subject to such conditions as he thinks fit. (2) A phytosanitary certificate accompanying any plant to be imported shall not be valid for the purposes of this Ordinance unless it is- (a) similar in substance to Form 2 set out in the Third Schedule; (b) completed in English or in Chinese characters, or accompanied by a translation in English or in Chinese characters; and |
