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Chapter:

207 PDFTitle:PLANT (IMPORTATION AND PEST CONTROL) ORDINANCEGazette Number:
Section:10Heading:Declarations concerning examination of prohibited plants etc.Version Date:30/06/1997

(1) The Director may require-

        (a) any person importing anything into Hong Kong; or
        (b) any person arriving in Hong Kong,
to declare to an authorized officer any prohibited plant, or any soil or anything which may be infected by or infested with a plant pest which that person is importing or has in his possession or under his charge.
(2) The importer or the person in possession or in charge of any plant or any soil, or anything which may be infected by or infested with a plant pest referred to in subsection (1) shall, if required by the Director or an authorized officer, produce it for inspection to the Director or to an authorized officer.
(3) An authorized officer may detain any container, package or other article, not being personal luggage, accompanying any person arriving in Hong Kong, which he has reason to believe contains any prohibited plant, a plant pest or any soil.
(4) For the purposes of examining any container, package or other article detained under subsection (3) an authorized officer may-
        (a) require the person in possession or in charge to open it; or
        (b) open it if such person refuses to do so.
(5) If the container, package or other article is unclaimed, or if there is no person apparently in possession or in charge thereof, it may be opened on the authority of the Director.
(6) Where a container, package or other article is opened in accordance with subsection (5) it shall-
    (a) if it contains no plant, plant pest or soil or if it contains plant, plant pest or soil which has been imported in accordance with this Ordinance, be returned to the custody of the airline company or shipping company which brought it into Hong Kong; and
    (b) if it contains any plant, plant pest or soil which has been imported in contravention of any provision of this Ordinance, be dealt with in accordance with section 20.