### Plant (Importation and Pest Control) Ordinance 《植物(進口管制及病蟲害控制)條例》

4. Prohibition of importation of certain plant
(1) No person shall import any plant specified in the first column of Part I of the First Schedule from any country specified opposite thereto in the second column of that Part, unless—
(a) it is imported subject to the conditions (if any) of a plant import licence issued in respect thereof;
(b) it has been fumigated or disinfected in the country of its origin;
(c) it is accompanied by a valid phytosanitary certificate which certifies that the plant is free from the plant pest specified in relation to such plant in the last part of the second column of the relevant item in Part I of the First Schedule; and
(d) it is imported subject to the condition that every such plant shall be grown in quarantine until the Director is satisfied either that it is free from plant pests or that it is diseased and must be destroyed.
(2) No person shall import any plant specified in the first column of Part II of the First Schedule from any country specified opposite thereto in the second column of that Part, unless—
(a) it is imported subject to the conditions (if any) of a plant import licence issued in respect thereof;
(b) it is accompanied by a valid phytosanitary certificate; and
(c) it is imported subject to the conditions specified opposite thereto in the third column of that Part and such conditions relating to quarantine as may be specified by the Director.
(3) Subject to section 5, no person shall import any plant other than a plant specified in the First Schedule unless—
(a) it is imported subject to the conditions of a plant import licence issued in respect thereof; and
(b) it is accompanied by a valid phytosanitary certificate.

5. Exempted plants
Section 4(3) shall not apply to—
(a) any plant specified in Part I of the Second Schedule; and
(b) any plant specified in Part II of the Second Schedule if it is accompanied by a valid phytosanitary certificate.

### Plant (Importation and Pest Control) Ordinance 《植物(進口管制及病蟲害控制)條例》

6. Plant import licences and certificates, etc.
(1) A plant import licence shall be in Form 1 set out in the Third Schedule and may be issued by the Director upon application made to him and subject to such conditions as he thinks fit.
(2) A phytosanitary certificate accompanying any plant to be imported shall not be valid for the purposes of this Ordinance unless it is—
(a) similar in substance to Form 2 set out in the Third Schedule;
(b) completed in English or in Chinese characters, or accompanied by a translation in English or in Chinese characters; and
(c) signed, not more than 14 days prior to the date of the export of the plant from the country in which it was grown, by or on behalf of an authorized officer of the Plant Protection Service of that country.
(3) The Director may, upon application made to him in such form as he may determine and upon payment of such fee as may be prescribed, examine any plant and may issue in respect of such plant a phytosanitary certificate in the form set out in Form 2 in the Third Schedule.
(4) Phytosanitary examination of plants may be made at the premises of the applicant subject to payment of such fee as may be prescribed.

7. Prohibition on importing plant pests
No person shall import any plant pest or any plant infected by or infested with a plant pest, save in accordance with the terms of an authorization in writing issued to him by the Director.

8. Prohibition on importing soil
(1) No person shall import any soil save in accordance with the terms of an authorization in writing issued to him by the Director.
(2) Subsection (1) shall not apply to soil imported from any place in China outside Hong Kong. (Amended 65 of 1999 s. 3)

### Plant (Importation and Pest Control) Ordinance 《植物(進口管制及病蟲害控制)條例》

9. Exemptions for plants, plant pests and soil in transit
(1) This Ordinance shall not apply to any plant, plant pest or soil which is in transit, if the conditions set out in subsection (2) are complied with in respect of the plant, plant pest or soil.
(2) The conditions referred to in subsection (1) are—
(a) that the plant, plant pest or soil is packed, and remains packed, in a container which is sealed, closed or wrapped in such a manner that no plant pest may escape from the container; and
(b) that the container in which the plant, plant pest or soil is contained and the cargo or baggage in which the container is included—
(i) remain at all times on the vehicle, vessel or aircraft in which they were brought into Hong Kong; or
(ii) if taken from such vehicle, vessel or aircraft are not removed from the place where they are brought into Hong Kong other than for the purpose of being taken out of Hong Kong.
(3) If any condition set out in subsection (2) is not complied with, the Director may, unless the plant, plant pest or soil which is in transit is exported immediately or otherwise disposed of in such manner as the Director may determine, cause it to be destroyed.
(4) The Director may recover the cost of any action taken under subsection (3) as a debt due to the Government from the person who brought or caused to be brought the plant, plant pest or soil into Hong Kong. (Amended 65 of 1999 s. 3)

### Plant (Importation and Pest Control) Ordinance 《植物(進口管制及病蟲害控制)條例》

10. Declarations concerning examination of prohibited plants etc.
(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.