| To restrict the importation, exportation and possession of certain animals and plants, and parts of such animals and plants, and to provide for matters connected therewith. [6 August 1976] (Originally 63 of 1976) Cap 187 s 1 Short title This Ordinance may be cited as the Animals and Plants (Protection of Endangered Species) Ordinance. Cap 187 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "advertisement" (广告), in relation to any scheduled species or controlled medicine, means any label, paper, wrapper, notice, poster or circular which describes, makes reference or otherwise alludes to, that scheduled species or that controlled medicine, as the case may be, whether directly or indirectly, whether in writing in any language, diagrammatically, pictorially or by the use of symbols or photographs or in any combination thereof and whether or not the common name or the scientific name or both the common name and the scientific name of any scheduled species appears in that advertisement; (Added 25 of 1989 s. 2) "animal" (动物) means any form of animal life whether alive or dead; "animal part" (动物部分) means any readily recognizable part or derivative of an animal; (Added 25 of 1989 s. 2) "authorized officer" (获授权人员) means a- (a) member of the Customs and Excise Service; or (Amended 46 of 1977 s. 18) (b) public officer authorized by the Director under section 3;"controlled medicine" (受管制药物) means any medicine which contains, or is claimed, represented or held out by any person, by advertisement or otherwise, to contain any part or derivative, whether readily recognizable or not, of any animal specified in the column 2 of the Schedule 5; (Added 25 of 1989 s. 2) "Director" (署长) means the Director of Agriculture, Fisheries and Conservation, the Deputy Director of Agriculture, Fisheries and Conservation or an Assistant Director of Agriculture, Fisheries and Conservation; (Amended L.N. 331 of 1999) "export" (出口) means to take, or cause to be taken, out of Hong Kong otherwise than in transit; "highly endangered species" (高度濒危物种) means an animal specified in the second column of Part 1 of the Sixth Schedule, an animal part of such an animal or a plant specified in the second column of Part 2 of that Schedule; (Added 3 of 1995 s. 2) "import" (进口) means to bring, or cause to be brought, into Hong Kong otherwise than in transit; "medicine" (药物) means any kind of medicament, tonic, drug, stimulant, prophylactic or other substance or powder, whether a proprietary medicine, a patent medicine or a natural remedy or treatment which has, produces or creates, or is claimed, represented or held out by any person, by advertisement or otherwise, to have, produce or create, a curative, remedial or preventative effect; (Added 25 of 1989 s. 2. Amended L.N. 446 of 1994) "member of the Customs and Excise Service" (香港海关人员) means a person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); (Amended 46 of 1977 s. 18) "plant" (植物) means a live or dead plant and any readily recognizable part or derivative of a plant; "relevant authority" (有关主管当局) means any person or organization designated as a relevant authority by the government of a place outside Hong Kong who or which has authority or is otherwise competent to grant or issue any licence, permit certificate or other document permitting the holder thereof to take, or cause to be taken, out of that place- (a) any scheduled species or controlled medicine which is intended to be taken out of that place; or (b) any scheduled species or controlled medicine deemed under section 2A to be in transit from that place; (Added 25 of 1989 s. 2)"scheduled animal" (列明动物) means an animal specified in column 2 of Schedule 1; "scheduled animal part" (列明动物部分) means an animal part or derivative specified in column 3, of an animal specified in relation to that part or derivative in column 1, of Schedule 2; (Amended 25 of 1989 s. 2) "scheduled plant" (列明植物) means a plant specified in column 2 of Schedule 3; (Amended 25 of 1989 s. 2) "scheduled species" (列明物种) means a scheduled animal, a scheduled animal part, a scheduled plant or a highly endangered species. (Amended 3 of 1995 s. 2) (2) (Repealed 25 of 1989 s. 2) Cap 187 s 2A In transit (1) For the purposes of this Ordinance, an animal (other than a live animal), animal part or plant, or a medicine, as the case may be, shall be deemed to be in transit if- (a) it is brought into Hong Kong from a place outside Hong Kong solely for the purpose of taking it out of Hong Kong; and (b) it is accompanied by a valid licence, permit, certificate or other document granted or issued by a relevant authority; and (c) it- (i) remains at all times in the vessel, aircraft, train or vehicle in which it is brought into Hong Kong; or (ii) is removed from the vessel, aircraft, train or vehicle in which it is brought into Hong Kong and is either returned to the same vessel, aircraft, train or vehicle or is transferred directly to another vessel, aircraft, train or vehicle prior to its being despatched to a place outside Hong Kong, and is placed in the possession or under the control of the Director or an authorized officer while being so removed, returned or transferred; or |
