MARINE FISH (MARKETING AND EXPORTATION) REGULATIONS
Gazette Number:
29 of 2000
Regulation:
4BA
Heading:
Application to air transit or air transhipment cargo
Version Date:
26/05/2000
Caution : This is a past version. See the current version for the latest position.
(1) Regulation 4B(1) does not apply in relation to any specified fish that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such specified fish is removed from the cargo transhipment area of Hong Kong International Airport, regulation 4B(1) has effect as if this paragraph had not been enacted.
(2) Nothing in this regulation precludes the issue of a permit under regulation 4D for the export of any specified fish that is air transit cargo or air transhipment cargo only because the specified fish has been removed from the cargo transhipment area of Hong Kong International Airport.
(3) In proceedings against a person for an offence under regulation 4G, being proceedings-
(a) in relation to the export of any specified fish that is air transit cargo or air transhipment cargo; and
(b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the specified fish was removed from the cargo transhipment area of Hong Kong International Airport,
it shall be a defence for the person to show that he reasonably believed that such removal had not occurred.
(4) Where in any proceedings the defence provided by paragraph (3) involves an allegation that the commission of the offence was due to-
(a) the act or default of another person; or
(b) reliance on information given by another person,
the defendant shall not, without the leave of the court, be entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of-
(i) the person who committed the act or default or gave the information; and
(ii) the act, default or information,
of which he is aware at the time he serves the notice.
(5) A person shall not be entitled to rely on the defence provided by paragraph (3) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to-
(a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b) whether he had any reason to disbelieve the information.