| (Cap 476 section 20) [15 July 1996] (L.N. 241 of 1996) Cap 476A s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 476A s 2 Interpretation In this Regulation, unless the context otherwise requires- "animal" (动物) means any form of animal life, whether alive or dead, or its part; "boating" (船艇活动) means operating a vessel for pleasure, competition, recreation or tourism; "fish" (钓鱼、捕鱼、鱼类)- (a) when used as a verb, means to kill or capture fish; and (b) when used as a noun, means any fish, crustacean, echinoderm or mollusc;"fish culture" (鱼类养殖) means any operation involving the maintenance, propagation or promotion of growth of fish in captivity; "fishing or hunting device" (钓鱼、捕鱼或猎捕器具) means any tool, equipment or appliance designed or used for the purpose of fishing or hunting animals and includes any net, line, trap, chemical, electric charge, explosive or spear gun; "hunt" (猎捕) includes any act immediately directed at the killing or capture of any animal or the taking of any nest, egg or young of any animal; "Land Registry" (土地注册处) means the Land Registry established under the Land Registration Ordinance (Cap 128) and any District Land Registry established under the New Territories Ordinance (Cap 97); "litter" (废物) means any refuse, rubbish, earth, dirt, filth, dust, sawdust, paper, timber off-cuts, ashes, excreta, and any other matter of a like nature; "nesting ground" (筑窝巢地方) means any place where animals breed, nurse their young and roost; "permit" (许可证) means a permit granted by the Authority under section 22 of the Ordinance; "plant" (植物) means a live or dead plant, or its part; "protected marine and coastal species" (受保护海洋及近岸生物) means an animal or a plant species, or its part, specified in Schedule 2; "water-skiing" (滑水) includes the skiing on water by aquaplane or other similar object, or the operating of a jet ski or water scooter; "wild birds" (野生雀鸟) means all birds other than poultry and those kept principally or solely as pets. (Enacted 1996) Cap 476A s 3 Prohibition of fishing, hunting and collecting animals and plants, etc. (1) Subject to subsection (1A), no person shall fish or hunt, injure, remove or take away any animal or plant by any means in or from a marine park or marine reserve. (L.N. 182 of 2002) (1A) A person may- (a) fish in or from a marine park under and in accordance with a permit granted under section 17(3); or (b) fish in or from a special zone specified in column 2 of Part 1 of Schedule 1, subject to compliance with the conditions specified, opposite to the special zone, in column 3 of that Part. (L.N. 182 of 2002)(2) No person shall take, remove, injure, destroy or wilfully disturb a nest, egg, young, or nesting ground of any protected marine and coastal species in a marine park or marine reserve. (3) A person within a marine park or marine reserve, who is in possession of a fishing or hunting device, plant, fish or animal, in circumstances that give rise to a reasonable suspicion that an offence under subsection (1) or (2) has been committed, will be presumed to have committed the offence in the absence of evidence to the contrary. (Enacted 1996) Cap 476A s 4 Prohibition of possession of certain fishing or hunting devices (1) No person shall have in his possession any fishing or hunting device specified in Schedule 3 in a marine park or marine reserve. (2) In any proceedings against a person for an offence under this section, it shall be a defence for that person to show that the fishing or hunting device is not intended to be used inside a marine park or marine reserve. (Enacted 1996) Cap 476A s 5 Prohibition of water-skiing (1) Subject to subsection (2), no person shall carry out water-skiing in a marine park or marine reserve. (2) A person may carry out water-skiing in a special zone specified in column 2 of Part 2 of Schedule 1, subject to compliance with the conditions specified, opposite to the special zone, in column 3 of that Part. (L.N. 182 of 2002) Cap 476A s 6 Prohibition of boating, etc. in marine reserves No person shall within a marine reserve swim, dive or carry out any boating. (Enacted 1996) Cap 476A s 7 Prohibition of fish culture No person shall establish or have under his control any fish culture in a marine park or marine reserve. (Enacted 1996) Cap 476A s 8 Protection of beaches, mudflats, etc. No person shall damage any shoreline feature located on a beach, mudflat, cliff or seabed in or at the boundary of a marine park or marine reserve. (Enacted 1996) Cap 476A s 9 Prevention of nuisances (1) No person shall within a marine park or marine reserve- (a) wilfully or negligently deface, injure, soil or defile any notice, marker, buoy, facility or installation erected, used or maintained by the Authority; (b) wilfully or negligently obstruct or pollute in any way any pool or body of water; or |
