| To provide for the control of the landing and wholesale marketing of marine fish, for the control of the importation and exportation thereof, for establishing a Fish Marketing Organization for encouraging co-operative markets, for a scholarship fund for persons who may benefit or be connected with the marine fisheries and fish marketing industries and for matters incidental thereto. (Amended 14 of 1978 s. 2) [21 December 1962] G.N.A. 126 of 1962 (Originally 28 of 1956) Cap 291 s 1 Short title This Ordinance may be cited as the Marine Fish (Marketing) Ordinance. Cap 291 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Board" (委员会) means the Fish Marketing Advisory Board referred to in section 16; (Added 70 of 1992 s. 2) "Director" (处长) means the Director of Marketing; "manager" (经理) means- (a) a person appointed by the Organization to be the manager of a market; and (b) a person holding an office styled "senior market manager" (高级市场经理); (Added 34 of 1973 s. 2)"marine fish" (海鱼) means any fish or part thereof, whether fresh or processed, in any manner indigenous in sea water or partly in fresh water and partly in sea water, including any product derived therefrom, but excluding all crustaceans or molluscs and fish alive and in water; "market" (市场) means a wholesale marine fish market conducted by the Organization; (Amended 34 of 1962 s. 2) "Organization" (统营处) means the Fish Marketing Organization established under section 9; "wholesale" (批发) means sale for re-sale, which includes the sale of marine fish intended for re-sale as part of a cooked meal. Cap 291 s 3 Landing and sale of marine fish restricted PART I CONTROL OF IMPORT, EXPORT MOVEMENT AND SALE OF MARINE FISH (1) Save with a permit in writing from the Director, or as otherwise provided by regulations, no marine fish may be landed other than at places specified by regulations and no marine fish may be sold, offered or exposed for sale or possessed for the purpose of sale, by wholesale, otherwise than at a market or otherwise than by way of re-sale following a sale at a market. (Amended 34 of 1962 s. 3) (2) Any person who contravenes the provisions of subsection (1) commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (Amended 8 of 1988 s. 2) Cap 291 s 4 Regulations Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) The Chief Executive in Council may by regulation provide for- (Amended 65 of 1999 s. 3) (a) controlling the importation and exportation of marine fish; (b) controlling the landing and transport of marine fish within Hong Kong; (Amended 8 of 1988 s. 3) (c) the issue of permits and licences in respect of the matters controlled by this Ordinance; (d) prescribing conditions and restrictions in connection with the marketing of marine fish wholesale; and (e) carrying into effect the provisions of this Ordinance.(2) Such regulations may prescribe contraventions thereof which shall constitute offences and may prescribe penalties not exceeding $10000 and imprisonment for 6 months. (Amended 8 of 1988 s. 3) Cap 291 s 5 Licences and permits (1) The Director may grant a permit or licence, on such conditions as he thinks fit, to any person to do any act which is made subject to his control by this Ordinance and may cancel a permit or licence where this Ordinance or any such condition is contravened. (Replaced 34 of 1973 s. 3) (2) (Repealed 34 of 1973 s.3) (3) Any person who- (a) contravenes or fails to comply with any condition imposed in connection with the grant of any permit or licence; or (b) when applying for any permit or licence makes any statement or furnishes any information, whether such statement is verbal or in writing, which is false in any material particular or by reason of the omission of any material particular and which he knows or has reason to believe is false,commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (Amended 8 of 1988 s. 4) Cap 291 s 6 Chief Executive may give directions to the Organization Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) The Chief Executive may give directions both generally and in particular matters to the Organization in the discharge of its functions, and without derogating from the generality of such power he may control by such directions- (Amended 65 of 1999 s. 3) (a) the fees charged other than those specified in by-laws; (b) deposits required by way of part-payment for market purchases; (c) the keeping of lists of persons authorized to make purchases in markets:Provided that no such direction shall have effect in any manner as to conflict with the provisions of any regulation or by-law made and in force under this Ordinance. (2) The Organization shall give effect to directions made under this section. Cap 291 s 7 Powers of search, seizure and arrest (1) The Director, any police officer, or any manager or public officer authorized by the Director in writing in that behalf either generally or for a particular occasion may where he has reasonable cause to suspect that any offence against this Ordinance or any regulations or by-laws made thereunder has occurred, or in the case of paragraph (a) is about to occur- (Amended 34 of 1973 s.4; 14 of 1978 s.3) |
