Cap 139 s 3 Power to make regulations (PUBLIC HEALTH (ANIMALS AND BIRDS) ORDINANCE)

Contents of Section

Chapter:	139	Title:	PUBLIC HEALTH (ANIMALS AND BIRDS) ORDINANCE	Gazette Number:	65 of 1999
Section:	3	Heading:	Power to make regulations	Version Date:	01/07/1997

Remarks:

Adaptation amendments retroactively made - see 65 of 1999 s. 3

(1) The Chief Executive in Council may by regulation provide for the following matters- (Amended 17 of 1956 s.4; 65 of 1999 s. 3)

(a) inspection, testing for disease, inoculation, detention, segregation, housing, slaughtering, transhipment, importation, landing and removal, exportation, possession and control of animals and birds; (Amended 43 of 1977 s. 2)

(b) prohibition or regulation of-

(i) the slaughtering of animals and birds intended for export;

(ii) the export of carcasses prepared for human consumption; and

(iii) the preparation for human consumption of carcasses in conjunction with any substance or otherwise; (Added 80 of 1970 s. 3)

(c) licensing premises and persons engaged in or connected with any matter specified in paragraph (b); (Added 80 of 1970 s. 3)

(d) condemnation and disposal, with or without compensation, of-

(i) poultry; and

(ii) carcasses thereof,

which on inspection are found to be unfit for human consumption; (Added 80 of 1970 s. 3)

(e) empowering the Director-

(i) to attach to any licence issued under this Ordinance such conditions as he may see fit to impose;

(ii) to give such directions as he thinks fit for the purposes of this Ordinance; and (Added 80 of 1970 s. 3)

(iii) to grant exemption from any licensing requirements under this Ordinance to any person or any class of persons as he may see fit; (Added 27 of 1994 s. 3)

(f) disposal of the dead bodies of animals and birds;

(g) the prohibition or regulation of any business, trade or activity which involves or relates to-

(i) sale, possession or offer for sale of any animal or bird; (ii) letting for hire of any animal or permitting the use of any animal for any purpose specified in the regulations, for a fee or other money consideration;

(iii) provision of food and accommodation for animals for payment of a fee or other money consideration;

(iv) the exhibition of animals or birds for payment of a fee or other money consideration;

(v) removal or movement of birds or animals from any place, vessel or aircraft;

(vi) the maintenance of a dairy;

(vii) the keeping of animals or birds; (Replaced 82 of 1990 s. 3)

(h) the control, supervision or regulation of depots, stables, pens, cattle sheds, lairages, dairies, or any place or premises used for the purpose of keeping animals or birds; (Replaced 82 of 1990 s. 3)

(ha) construction, regulation, disinfection or inspection of all places, vessels and vehicles in which animals or birds are or have been kept or carried and matters ancillary thereto; (Added 82 of 1990 s. 3)

(i) forfeiture without compensation of animals, birds and things dealt with in contravention of any provision of this Ordinance or of any regulation made thereunder; (Amended 17 of 1956 s. 2)

(j) duties and obligations of persons having animals or birds in their possession or under their charge;

(k) prohibition or regulation of the import or export of cattle into or out of Hong Kong or any part thereof; (Amended 65 of 1999 s. 3)

(l) isolation of cases of disease in animals and birds and the regulation thereof;

(m) appointment, establishment and maintenance of places for the observation or examination of cattle either on arrival or prior to export;

(n) (Repealed 82 of 1990 s. 3)

(o) regular inspection of all places where animals and birds are kept;

(oa) taking by persons carrying out inspections of samples of milk or any other substance for test, examination or analysis and the duties of the Public Analyst in relation to such samples; (Added 82 of 1990 s. 3)

(ob) the certificates or other evidence to be given of the result of any such test, examination or analysis and the persons by whom such a certificate or evidence is to be given; (Added 82 of 1990 s. 3)

(oc) prohibition or regulation of sale, possession, exposure for sale of milk, storage and delivery of milk produced in dairies and matters ancillary thereto; (Added 82 of 1990 s. 3)

(p) slaughtering or isolating or keeping under observation of any animal or bird that may appear to be or may be reasonably suspected of being or of having been in contact or in the same herd or flock with animals or birds affected with disease, and the disposal of the carcass thereof;

(q) declaring any place or area to be infected with disease, and prohibiting or regulating the movements of animals, birds or persons into, within or out of any such infected place or area, and the removal of carcasses, fodder, litter, utensils, hurdles, pens, dung or other things into, within or out of such infected place or area;

(r) offences in the case of contravention of any such regulations or any direction given by the Director under powers conferred by this Ordinance and prescribing forfeiture in respect thereof and penalties therefor: Provided that no penalty so prescribed shall exceed a fine of $100000; (Added 20 of 1948 s. 4. Amended 17 of 1956 ss. 2 & 4; 80 of 1970 s. 3; 82 of 1990 s. 3; 27 of 1994 s. 3)

(s) cleansing and disinfecting of any place which has been occupied by any animal or bird suffering from epidemic, endemic, contagious or infectious disease;

(t) any matter associated with or connected with the matters specified in paragraphs (a) to (s) and generally for carrying into effect the purposes of this Ordinance. (Added 82 of 1990 s. 3)

(2) Regulations made under this section may provide that where a person by whom an offence is committed is a corporation every director or other officer concerned in the management of the corporation shall be guilty of the like offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. (Added 80 of 1970 s. 3)
(3) Regulations made under this section may require or provide for the-

(a) registration or licensing of any business, trade or activity, described in subsection (1)(g);

(b) registration or licensing of any person engaged in or connected with or proposing to be engaged in or connected with any such business, trade or activity;

(c) registration or licensing of any premises or place referred to in subsection (1)(h) or any other place used for any business, trade or activity described in subsection (1)(g) or in which animals or birds are kept for the purpose of carrying out such business, trade or activity and matters ancillary thereto; or

(d) issue of licences, permits or special permits in respect of any business, trade or activity described in subsection (1)(g). (Added 82 of 1990 s. 3)

(4) Regulations made under this section may-

(a) apply to persons generally;

(b) apply to a class or description of persons as specified in the regulations;

(c) apply in respect of animals generally or make different provisions in respect of animals or birds of different classes or descriptions or such animals or birds as may be specified in the regulations;

(d) make different provisions in relation to different classes of business, trade or activity;

(e) prescribe the fees to be paid in respect of any registration, licence, permit, special permit, housing of animals or birds, inspection, testing inoculation, disinfection, or any other matter provided for in the regulations;

(f) provide for the expiry, renewal, validity or revocation of any licence, permit or special permit or prohibit the transfer thereof; or

(g) provide that the Director may specify the form for making an application for a licence, permit or special permit and determine the form of a licence, permit or special permit. (Added 82 of 1990 s. 3)

(5) Regulations made under this section may provide that in proceedings for an offence under the regulations-

(a) any certificate purporting to be signed by such person as may be specified in the regulations; or

(b) any other evidence referred to in subsection (1)(ob),

which is produced or given in respect of a test or examination or analysis of a sample shall, with regard to that sample and in such circumstances and subject to such conditions as may be specified in the regulations, be admissible in evidence-

(i) as prima facie evidence of the result of the test, examination or analysis and other facts certified therein; and

(ii) as having been signed by the person whose signature appears thereon,

unless the contrary is proved. (Added 82 of 1990 s. 3)
(6) Regulations made under this section may provide that any article specified in the regulations, being an article commonly used for human consumption, shall, if sold or offered, exposed or kept for sale or if found on any premises, or in any vessel, vehicle or aircraft used for the preparation, storage or transport or sale of that article as the case may be, be presumed to have been or to be intended for sale for human consumption, unless the contrary is proved. (Added 82 of 1990 s. 3)
(7) Regulations made under this section may-

(a) provide that any summons issued in proceedings for offences under the regulations shall not be returnable sooner than a day specified in the regulations;

(b) require the service of copies of certificates described in subsection (5)(a) with the summons and on the prosecution in specified cases;

(d) enable the court or magistrate in specified circumstances to order on such terms and conditions as it or he thinks fit an adjournment or to exclude or admit any such certificate. (Added 82 of 1990 s. 3)

(8) In this section "summons" (傳票) means a summons issued under the Magistrates Ordinance (Cap 227), requiring a person against whom a complaint is made or information laid under that Ordinance, in respect of an offence committed under regulations made under this section, to appear before a magistrate to answer to such complaint or information. (Added 82 of 1990 s. 3)
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Note:
See also 82 of 1990 s. 4.