| To enable effect to be given to the International Convention for the Regulation of Whaling signed at Washington on 2 December 1946; to prohibit the taking, towing or treating of whales within the waters of Hong Kong; to prohibit the taking, towing or treating of whales by any Hong Kong ship or Hong Kong aircraft outside the waters of Hong Kong without a licence or permit; to provide measures for the conservation and utilisation of whales elsewhere; and for purposes connected with such matters. (Enacted 1996) [20 December 1996] (Originally 71 of 1996) Cap 496 s 1 Short title This Ordinance may be cited as the Whaling Industry (Regulation) Ordinance. (Enacted 1996) Cap 496 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "aircraft" (飞机) includes any machine which can derive support in the atmosphere from the reactions of the air and is intended for aerial navigation; "commander" (机长) in relation to an aircraft, means the member of the flight crew so designated by the operator thereof or, if no such person is designated, the person who is the pilot in command; "Hong Kong aircraft" (香港飞机) means an aircraft registered in Hong Kong; "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "licence" (牌照) means a licence issued under section 7(1); "licensing authority" (发牌当局) means the Secretary for Health, Welfare and Food; (Amended 78 of 1999 s. 7; L.N. 106 of 2002) "master" (船长) in relation to any ship, includes the person for the time being in command or charge of the ship and, in relation to a ship used for treating whales, includes the person for the time being in charge of the operations on board the ship in connection with such treatment; "ship" (船舶) has the same meaning as in the Merchant Shipping (Registration) Ordinance (Cap 415); "treating" (加工处理) a whale includes storage for the purpose of treatment; "whale products" (鲸类产品) includes any unprocessed part of a whale and blubber, meat, bones, whale oil, sperm oil, spermaceti, meal, baleen and other items derived from whales. (Enacted 1996) Cap 496 s 3 Prohibition of catching or treating whales within the waters of Hong Kong (1) The master of any ship which is used within the waters of Hong Kong for taking, towing or treating whales, commits an offence and is liable on conviction on indictment to a fine not exceeding $500000. (2) The commander of an aircraft which is used over the waters of Hong Kong for taking or towing whales, commits an offence and is liable on conviction on indictment to a fine not exceeding $500000. (Enacted 1996) Cap 496 s 4 Protection for certain categories of whales (1) If any person on board or belonging to a Hong Kong ship or Hong Kong aircraft, while outside the waters of Hong Kong, kills or takes- (a) a right whale or a grey whale; (b) an immature whale; or (c) a female whale which is accompanied by a calf,that person, and the master of the ship or the commander of the aircraft, as the case may be, and the owner and the charterer (if any) of the ship or aircraft, each commit an offence and are liable- (i) on conviction on indictment to a fine not exceeding $500000; and (ii) to an additional fine not exceeding the value of any whale products obtained or obtainable from the whale in question.(2) For the purposes of this section a whale of any description shall be deemed to be immature if it is less than such length as may be prescribed in relation to whales of that description. (3) The length prescribed for the purposes of this section in relation to blue whales shall not be less than 18.3 metres, and the length so prescribed in relation to fin whales shall not be less than 15.2 metres. (4) In this section- "calf" (幼鲸) includes a suckling whale; "right whale" (脊美鲸) means a whale known by any of the names set out in Part I of the Schedule; "blue whales" (白长须鲸) means whales known by any of the names set out in Part II of the Schedule; "fin whales" (长须鲸) means whales known by any of the names set out in Part III of the Schedule; "grey whale" (黑鲸) means a whale known by any of the names set out in Part IV of the Schedule. (5) The Secretary for Health, Welfare and Food may by notice published in the Gazette amend the Schedule. (Amended 78 of 1999 s. 7; L.N. 106 of 2002) (Enacted 1996) Cap 496 s 5 Description of whales to which sections 6 to 8 apply Expanded Cross Reference: 6, 7, 8 (1) In their application to a ship or aircraft registered in Hong Kong, or a factory situated in Hong Kong, sections 6 to 8 shall have effect as if references to whales were references only to whales known as whalebone whales (or baleen whales), sperm whales, spermaceti whales, cachalots or pot whales, but the Secretary for Health, Welfare and Food may by order published in the Gazette direct that those references shall include any description of whale specified in the order, other than a description of whale referred to in section 4. <* Note - Exp. X-Ref.: Sections 6, 7, 8 *> (Amended 78 of 1999 s. 7; L.N. 106 of 2002) |
