Hong Kong Ordinances

PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE - SECT 2

Interpretation

(Past version on 01/12/2006).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) In this Ordinance, unless the context otherwise requires—

"advertisement" (廣告), in relation to a specimen of a scheduled species,
means any form of advertising that describes, makes reference or alludes in
any other way to that scheduled species or specimen—

   (a)  whether directly or indirectly;

   (b)  whether orally, in writing in any language, diagrammatically,
        pictorially, by the use of symbols or photographs, or in any
        combination of them; and

   (c)  whether or not the common name or the scientific name, or both, of
        that scheduled species or specimen appears in the advertisement;

"Appendices" (《附錄》) means Appendix I, Appendix II and Appendix III;

"Appendix I" (附錄I) means column 1 of Part 2 of Schedule 1;

"Appendix I species" (附錄I物種) means a species, or a species included in
a higher taxon, as specified in Appendix I;

"Appendix II" (附錄II) means column 2 of Part 2 of Schedule 1;

"Appendix II species" (附錄II物種) means a species, or a species included
in a higher taxon, as specified in Appendix II;

"Appendix III" (附錄III) means column 3 of Part 2 of Schedule 1;

"Appendix III species" (附錄III物種) means a species, or a species
included in a higher taxon, as specified in Appendix III;

"appropriate and acceptable destination" (適當和可接受的目的地) has
the meaning assigned to it in Part 1 of Schedule 3;

"artificially propagated" (人工培植) has the meaning assigned to it in
Part 1 of Schedule 3;

"authorized officer" (獲授權人員) means—

   (a)  a person holding an office specified in Schedule 1 to the
        Customs and Excise Service Ordinance ( Cap 342); or

   (b)  a public officer authorized by the Director under section 27;

"bred in captivity" (圈養繁殖) has the meaning assigned to it in Part 1 of
Schedule 3;

"certificate in lieu" (代用證明書), in relation to a specimen of a
scheduled  species brought into Hong Kong from a place outside Hong Kong,
means a certificate of captive breeding or of artificial propagation—

   (a)  that is issued by a relevant authority of that place in respect of
        that specimen and remains in force when relied on to show compliance
        with this Ordinance; and

   (b)  that conforms to the provisions applicable to such a certificate in
        Part 2 of Schedule 3;

"commercial purposes" (商業目的) means—

   (a)  a purpose relating to trade or business; or

   (b)  a purpose of obtaining profit or other economic benefit

(whether in cash or in kind) and directed towards sale, resale, exchange,
provision of a service or other form of economic use or benefit, whether
direct or indirect,
and "non-commercial purposes" (非商業目的) shall be construed
accordingly;

"Conference of the Parties" (締約國大會) means the
Conference of the Parties provided for in the Convention;

"Convention" (《公約》) means the Convention on International Trade in
Endangered Species of Wild Fauna and Flora signed in Washington D.C. on 3
March 1973, as amended from time to time and as applied to Hong Kong;

"Convention certifying document" (《公約》證明文件), in relation to a
specimen of a scheduled species brought into Hong Kong from a place outside
Hong Kong, means a permit, certificate or other document—

   (a)  that is issued by a relevant authority of that place in respect of
        that specimen and remains in force when relied on to show compliance
        with this Ordinance; and

   (b)  that conforms to the provisions applicable to such a permit,
        certificate or other document, as the case may be, in Part 2 of
        Schedule 3;

"Convention instrument" (《公約》文書) means a resolution, decision or
notification adopted or made by the Conference of the Parties, or issued by
the Secretariat, in relation to the Convention;

"Director" (署長) means the Director of Agriculture, Fisheries and
Conservation, the Deputy Director of Agriculture, Fisheries and Conservation
or an Assistant Director of Agriculture, Fisheries and Conservation;

"export" (出口) means to take, or cause to be taken, out of Hong Kong but
does not include to re-export;

"former licence" (前許可證) means a licence within the meaning of
section 7 of the repealed Ordinance;

"import" (進口) means to bring, or cause to be brought, into Hong Kong but
does not include to introduce from the sea;

"in transit" (過境) has the meaning assigned to it in section 3;

"introduce from the sea" (從公海引進) means to bring, or cause to be
brought, into Hong Kong directly from a marine environment that is not under
the jurisdiction of any state;

"part or derivative" (部分或衍生物) includes any readily recognizable
part or  derivative within the meaning assigned to it in Part 1 of Schedule 3;

"Party" (締約國) means a Contracting Party to the Convention and includes a
place to which the Convention applies;

"pre-Convention certificate" (《公約》前證明書), in relation to a
specimen of a scheduled species, means a certificate—

   (a)  that is issued by a relevant authority in respect of that specimen and
        remains in force when relied on to show compliance with this
        Ordinance; and

   (b)  that conforms to the provisions applicable to such a certificate in
        Part 2 of Schedule 3;

"re-export" (再出口), in relation to a specimen of a scheduled species,
means to take, or cause to be taken, out of Hong Kong that specimen after it
has been imported;

"relevant authority" (有關主管當局)—

   (a)  in relation to a place to which the Convention applies, means a
        Management Authority designated for that place under the Convention;
        or

   (b)  in relation to any other place, means any person or organization
        designated as a competent authority by the government of that place
        for the purposes of registering scientific institutions, or of issuing
        documentation—

        (i)    that is comparable to a document required to be produced or
               surrendered under this Ordinance; and

        (ii)   that conforms substantially to the provisions applicable to
               that document in Part 2 of Schedule 3;

"repealed Ordinance" (已廢除條例) means the Animals and Plants
(Protection of Endangered Species) Ordinance ( Cap 187) repealed by
section 54;

"scheduled species" (列明物種) means an Appendix I species, Appendix II 
species or Appendix III species;

"scientific institution" (科學機構)—

   (a)  in the case of an institution established in Hong Kong, means a
        scientific institution that is registered in accordance with
        regulations made by the Secretary under section 53; or

   (b)  in the case of an institution established in a place outside Hong
        Kong, means a scientific institution that is registered by a relevant 
        authority of that place and has been acknowledged by the Secretariat
        as being so registered;

"Secretariat" (秘書處) means the Secretariat provided for in the
Convention;

"Secretary" (局長) means the Secretary for the Environment; (Amended L.N.
130 of 2007)

"species" (物種) means any species or subspecies of an animal or plant, or
any geographically separate population of such species or subspecies;

"specified form" (指明表格) means a form specified under section 51;

"specimen" (標本) means—

   (a)  any animal or plant, whether live or dead;

   (b)  in the case of an animal of an Appendix I species or Appendix 
        II species, any part or derivative of the animal;

   (c)  in the case of an animal of an Appendix III species, any part 
        or derivative of the animal designated in Appendix III in relation to
        that species;

   (d)  in the case of a plant of an Appendix I species, any part or 
        derivative of the plant; or

   (e)  in the case of a plant of an Appendix II species or Appendix 
        III species, any part or derivative of the plant designated in
        Appendix II or Appendix III, as the case may be, in relation to that
        species;

"thing" (物品) includes any animal and plant, whether live or dead.

(2) For the purposes of this Ordinance, a specimen of an Appendix I  species
shall be treated as a specimen of an Appendix II species if—

   (a)  in the case of an animal or any part or derivative of an animal, the
        animal is bred in captivity for commercial purposes by a
        captive-breeding operation registered by the Secretariat for breeding
        animals of an Appendix I species; or

   (b)  in the case of a plant or any part or derivative of a plant, the plant
        is artificially propagated for commercial purposes.

(3) For the purposes of this Ordinance, a thing (including a thing contained
in any receptacle)—

   (a)  that is claimed, represented or held out by any person, whether by
        advertisement or in any other way, to be or to contain a specimen; or

   (b)  that appears from an accompanying document, packaging, mark or label,
        or from other circumstances, to be or to contain a specimen, shall be
        treated as such a specimen.

(4) The Appendices shall be construed in accordance with—

   (a)  the interpretation provisions set out in Part 1 of Schedule 1;

   (b)  the annotations contained in the Appendices; and

   (c)  the annotations set out at the end of the Appendices.

"advertisement" (廣告)

"Appendices" (《附錄》)

"Appendix I" (附錄I)

"Appendix I species" (附錄I物種)

"Appendix II" (附錄II)

"Appendix II species" (附錄II物種)

"Appendix III" (附錄III)

"Appendix III species" (附錄III物種)

"appropriate and acceptable destination" (適當和可接受的目的地)

"artificially propagated" (人工培植)

"authorized officer" (獲授權人員)

"bred in captivity" (圈養繁殖)

"certificate in lieu" (代用證明書)

"commercial purposes" (商業目的)

"non-commercial purposes" (非商業目的)

"Conference of the Parties" (締約國大會)

"Convention" (《公約》)

"Convention certifying document" (《公約》證明文件)

"Convention instrument" (《公約》文書)

"Director" (署長)

"export" (出口)

"former licence" (前許可證)

"import" (進口)

"in transit" (過境)

"introduce from the sea" (從公海引進)

"part or derivative" (部分或衍生物)

"Party" (締約國)

"pre-Convention certificate" (《公約》前證明書)

"re-export" (再出口)

"relevant authority" (有關主管當局)

"repealed Ordinance" (已廢除條例);

"scheduled species" (列明物種)

"scientific institution" (科學機構)

"Secretariat" (秘書處)

"Secretary" (局長)

"species" (物種)

"specified form" (指明表格)

"specimen" (標本)

"thing" (物品)