Hong Kong Regulations

WHALING INDUSTRY (REGULATION) REGULATION - SECT 3

Conditions attached to licences

(1) Every licence authorizing the use of a Hong Kong ship or aircraft for
taking whales shall contain a condition that the remuneration of the crew of
the ship or aircraft must, so far as it is calculated by reference to the
results of their work, be calculated by reference to the size, species,
oil-yield and value of the whales taken, and in such manner as to exclude
remuneration in respect of any whale-

   (a)  which is less than the length specified under the Ordinance or in a
        regulation made under section 13 of the Ordinance; or

   (b)  the taking of which is prohibited by the Ordinance.

(2) Every licence authorizing the use of a ship or factory for treating whales
shall contain a condition that the remuneration of the persons engaged in
treating whales on board the ship or at the factory to which it relates must,
so far as it is calculated by reference to the results of their work, be
calculated by reference to the size, species, oil-yield and value of the
whales treated.

(3) Every licence issued authorizing the use of a ship or factory for treating
whales shall contain the following conditions-

   (a)  that a record shall be kept (in the manner and by a person determined
        by the authority) which sets out-

        (i)    with respect to each whale treated in the ship or factory, the
               date and place of taking, the species and sex of the whale, and
               such measurements and other biological information (including
               information as to the contents of its internal organs) as may
               be required by the authority;

        (ii)   particulars as to the number of whales treated in the ship or
               factory, and the grades and quantities of meat, guano and other
               products derived from those whales;

   (b)  in the case of a ship or factory, that it must be equipped with plant
        of a type approved by the authority for the extraction of oil from the
        blubber, flesh and bones of whales, and that steps are taken to ensure
        that the plant is kept in good order and operated efficiently;

   (c)  that, except in the case of a whale or part of a whale intended to be
        used for human food, the oil must be extracted, by boiling or
        otherwise, from all whale blubber, from heads and tongues of whales
        and from their tails as far forward as the outer opening of the lower
        intestine; and

   (d)  in the case of a factory, that adequate arrangements must be made for
        utilising residual products.

(4) Every licence under the Ordinance shall contain conditions-

   (a)  that records required to be kept under the licence must be transmitted
        to the authority; at such times and in such manner as may be
        determined by the authority; and

   (b)  requiring the master of a ship or the commander of an aircraft or the
        occupier of a factory to which the licence relates, to furnish to the
        authority, at such times and in such form as may be specified in the
        licence, an account showing the remuneration of each member of the
        crew of the ship or aircraft, or of each person employed by the
        factory, as the case may be, and the manner in which the remuneration
        is calculated.

(5) Any licence issued under the Ordinance may contain such conditions, in
addition to the conditions required under subsections (1) to (4), as appear to
the authority to be necessary or expedient for the purpose of preventing, so
far as is practicable-

   (a)  any excessive destruction of whales and any wastage of whales or whale
        products;

   (b)  the taking of whales in particular areas; or

   (c)  the killing of whales otherwise than by a particular method, and any
        condition attached to a licence for the purpose of preventing the
        taking of whales in any particular area, or for the purpose of
        preventing the killing of whales otherwise than by a particular
        method, may prohibit-

        (i)    the taking, in that area, of any whales whatever or of
               particular descriptions of whales, either at any time whatever
               or during particular periods; or

        (ii)   the killing of whales otherwise than by that method either
               generally or in a particular area.

(6) No condition involving the substitution of one type of plant for another
shall be attached to a licence unless at least 12 months' notice of the
intention to impose that condition has been given by the authority in such
manner as the authority thinks best for informing persons concerned.

(7) The authority may refuse to grant a licence under the Ordinance in respect
of a ship, aircraft or factory until the authority is satisfied from an
inspection of the same, or by such other evidence as he may require, that any
condition affecting the structure or equipment of the ship, aircraft or
factory which it is proposed to attach to the licence has been complied with.