Hong Kong Regulations

MARINE FISH (MARKETING AND EXPORTATION) REGULATIONS - REGULATION 4E

Production of export permit to designated officer; powers of designated officer

(Past version on 30/06/1997).

(1) The holder of an export permit shall produce his permit to a designated
officer-

   (a)  at the time when, or immediately before, the specified fish to which
        the export permit relates is loaded on board the vessel, aircraft or
        vehicle on which it is to be carried; and

   (b)  whenever he is required by such an officer to produce the
        export permit for inspection.

(2) If on production of an export permit under paragraph (1) (a), a designated
officer is satisfied that the fish which is to be exported accords with the
description of the specified fish in the export permit, he shall cancel the
export permit to the extent of the quantity of fish being exported.

(3) If a designated officer has reason to believe that any specified fish is
about to be exported from Hong Kong on any vessel, aircraft or vehicle in
contravention of regulation 4B, he may direct the owner of the vessel,
aircraft or vehicle to prevent the fish from being loaded thereon or, if the
fish has already been so loaded, to cause it to be removed from the vessel,
aircraft or vehicle.

(4) Without prejudice to section 10 of the Import and Export  Ordinance (
Cap 60), the owner of a vessel, aircraft or vehicle on which specified fish is
to be exported shall not-

   (a)  cause or permit the fish to be loaded thereon without ensuring that-

        (i)    an export permit has been issued in respect of the fish; and

        (ii)   the export permit has been cancelled in accordance with
               paragraph (2); or

   (b)  without reasonable excuse, fail to comply with a direction given under
        paragraph (3).

(5) The Director may designate-

   (a)  any officer of the Agriculture, Fisheries and Conservation Department;
        or (L.N. 331 of 1999)

   (b)  with the concurrence of the Commissioner of Customs and Excise-

        (i)    any member of the Customs and Excise Service; or

        (ii)   any public officer who is authorized for the purposes of the
               Import and Export Ordinance ( Cap 60) by the Commissioner of
               Customs and Excise under section 4 of that Ordinance, to be a
               designated officer for the purposes of this regulation. (40 of
               1985 s. 10) (L.N. 115 of 1976)