### Marine Fish Culture Ordinance 《海魚養殖條例》

13. Prohibition of unauthorized vessels etc. in fish culture zones
(1) Subject to subsection (3)(a), any person who causes or permits any vessel to enter or remain in a fish culture zone commits an offence.
(2) Subject to subsection (3)(b), any person who causes or permits any raft or impoundment to enter or remain or to be constructed in a fish culture zone otherwise than under and in accordance with a licence or permit granted to him commits an offence.
(3) (a) Subsection (1) shall not apply to any act prohibited by that subsection if such act is—
(i) committed for the purposes of or in connexion with fish culture operations;
(ii) authorized in writing by the Director; or
(iii) committed in a case of emergency or stress of weather to save life or property or for the safety of the vessel concerned.
(b) Subsection (2) shall not apply where a raft or impoundment is caused or permitted to enter or remain in a fish culture zone in a case of emergency or stress of weather to save life or property or for the safety of the raft or impoundment, or of any fish therein.

14. Director may grant permits in certain cases
(1) The Director may, subject to such conditions as he thinks fit, grant to any person a permit, and renew such permit, to—
(a) engage in fish culture within the waters of Hong Kong solely for the purposes of scientific research; or
(b) maintain fish in captivity within the waters of Hong Kong for purposes other than the propagation or promotion of growth of such fish.
(2) The Director may cancel or refuse to renew a permit—
(a) on the ground that the permittee has—
(i) contravened any of the provisions of this Ordinance or any regulations made thereunder;
(ii) contravened his permit;
(iii) failed or is unable or incompetent to carry out the purposes of his permit; or
(iv) failed to provide adequate management or supervision of the fish culture or other operations permitted under his permit; or
(b) in the public interest.
(3) Where the Director refuses to grant a permit under subsection (1), or cancels or refuses to renew a permit under subsection (2), he shall, where practicable, send to the applicant or the person who was the holder of the permit, as the case may be, a notice of the refusal or cancellation and state in the notice the reasons for the refusal or cancellation.

15. Limitation of rights under licences or permits
No licence or permit shall be construed as granting any right to—
(a) occupy or use any land, whether the same be covered by water or not; or
(b) the exclusive use of any water,
except for the purposes of this Ordinance.

### Marine Fish Culture Ordinance 《海魚養殖條例》

16. Right of Appeal
(1) Any person aggrieved by a decision made in respect of him by the Director to—
(a) refuse to grant or renew a licence under section 8(6);
(b) refuse to approve the transfer of a licence under section 8A(3)(b);
(c) cancel a licence under section 9(1);
(d) refuse to grant a permit under section 14(1); or
(e) cancel or refuse to renew a permit under section 14(2),
may appeal to the Administrative Appeals Board against that decision.
(2) Where an appeal is made under subsection (1) against a decision of the Director to—
(a) cancel a licence or permit, the decision shall not become effective pending;
(b) refuse to renew a licence or permit, the licence or permit (if expired) shall be deemed to continue in force according to its terms and conditions until; or
(c) refuse to approve the transfer of a licence (including a licence to which section 8A(6) applies), the licence shall continue in force pending,
the determination of the appeal by the Administrative Appeals Board.
(3) Where—
(a) an appeal has been made under this section; and
(b) the period of validity of the licence or permit to which the appeal relates would have expired but for subsection (2)(b) or (c),
then the licensee or permittee, as the case may be, shall be liable for the fee prescribed—
(c) for the period from the day the licence or permit would have expired to the day of the determination of the Administrative Appeals Board or withdrawal of the appeal, whichever first occurs; and
(d) on a pro rata basis, irrespective of the outcome of the appeal.
(Replaced 13 of 2002 s. 5)

### Marine Fish Culture Ordinance 《海魚養殖條例》

20. Obstruction, etc.
Any person who—
(a) obstructs the Director or an authorized officer in the exercise of any power or the performance of any duty or function conferred or imposed on the Director or an authorized officer by this Ordinance; or
(b) fails to comply with any instruction given under this Ordinance,
commits an offence.

21. Penalties
(1) Any person who commits an offence under section 6 or 7 is liable to a fine at level 6 and to imprisonment for 1 year, and in the case of a continuing offence to a further daily penalty of $1,500.
(2) Any person who commits an offence under section 11 is liable to a fine at level 6 and to imprisonment for 1 year.
(3) Any person who commits an offence under section 12, 13 or 20 is liable to a fine at level 4 and to imprisonment for 6 months.
(4) Any person who commits an offence under section 19(2) is liable to a fine at level 2.
(Replaced 13 of 2002 s. 6)

### Marine Fish Culture Ordinance 《海魚養殖條例》

22. Regulations
(1) The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 65 of 1999 s. 3)
(a) the application for and the grant, renewal and transfer of licences, and the fees payable in respect thereof; (Replaced 13 of 2002 s. 7)
(aa) the application for and the grant and renewal of permits, and the fees payable in respect thereof; (Added 13 of 2002 s. 7)
(b) the period of validity for which—
(i) licences may be granted, renewed or transferred; and
(ii) permits may be granted or renewed; (Replaced 13 of 2002 s. 7)
(c) the control of fish culture;
(d) the marking of the boundaries of fish culture zones and sites;
(e) the equipment to be installed and used on rafts and within impoundments;
(f) the construction, dimensions, marking and lighting of rafts and impoundments;
(g) the structures that may be erected on rafts, and the removal of illegal structures;
(h) the mooring and anchoring of rafts;
(i) the inspection of rafts, impoundments and sites;
(j) the inspection of fish maintained in rafts and within impoundments;
(k) the size, species or numbers of fish which may be kept in rafts and within impoundments;
(l) the returns and reports to be rendered and accounts, registers, books, records and plans to be kept by licensees, and the manner of rendering or keeping them;
(m) the seizure and detention of rafts or impoundments, and of any fish, equipment or other thing, to which section 17 applies; (Replaced 18 of 1983 s. 4)
(mm) the sale or other disposal or destruction under section 18 of rafts or impoundments, and of any fish, equipment or other thing seized and detained under section 17; (Added 18 of 1983 s. 4)
(n) generally for the better carrying out of the provisions and purposes of this Ordinance.
(2) Regulations made under this section may provide that any contravention of any such regulations shall be an offence, and may prescribe penalties therefor not exceeding a fine at level 3 and imprisonment for 6 months, and in the case of a continuing offence a further daily penalty of a fine not exceeding $300. (Amended 13 of 2002 s. 7)