### Costs in Criminal Cases Ordinance 《刑事案件訟費條例》

20. Taxation of costs
(1) Where an order for costs is made by a court or a judge under this Ordinance the court or the judge may order that those costs be taxed.
(2) Where an order that costs be taxed is made under this section—
(a) by a magistrate or by the District Court, those costs shall be taxed by the Registrar of the District Court;
(b) by a judge or by the Court of Appeal, those costs shall be taxed by the Registrar of the High Court. (Amended 25 of 1998 s. 2)

21. Review of taxation of costs
A party to the proceedings in respect of whom costs have been taxed who is aggrieved by that taxation may apply for the taxation to be reviewed—
(a) in the case of costs taxed under section 20(2)(a), to the Registrar of the District Court; and
(b) in the case of costs taxed under section 20(2)(b), to the Registrar of the High Court,
and on receipt of any such application, the Registrar of the District Court or the Registrar of the High Court, as the case may be, shall review the taxation accordingly.
(Amended 25 of 1998 s. 2)

22. Rules and orders
The Chief Justice may, with the approval of the Legislative Council, make rules and orders providing for—
(a) practices and procedures under this Ordinance; and
(b) matters relating to taxation of costs and reviews of such taxation.

25. Transitional
This Ordinance shall not apply to criminal proceedings in respect of offences committed before the coming into operation of this Ordinance.

### Biological Weapons Ordinance 《生物武器條例》

1. Short title
This Ordinance may be cited as the Biological Weapons Ordinance.

2. Restriction on development etc. of certain biological agents and toxins and of biological weapons
(1) No person shall develop, produce, stockpile, acquire or retain—
(a) any biological agent or toxin of a type and in a quantity that has no justification for prophylactic, protective or other peaceful purposes; or
(b) any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict.
(2) Any person who contravenes subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for life.
(3) In this section—
biological agent (生物劑) means any microbial or other biological agent;
toxin (毒素) means any toxin, whatever its origin or method of production.

3. Prosecution of offences
(1) Proceedings for an offence under section 2 shall not be instituted except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)
(2) Subsection (1) shall not prevent the issue or execution of a warrant for the arrest of any person in respect of an offence, or the remanding in custody or on bail of any person charged with an offence.

4. Offences by bodies corporate
Where an offence under section 2 which is committed by a body corporate is proved to have been committed with the consent and connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

### Biological Weapons Ordinance 《生物武器條例》

5. Powers to search and obtain evidence
(1) If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under section 2 has been, is being, or is about to be, committed, he may grant a search warrant authorizing any police officer—
(a) to enter any premises named in the warrant, if necessary by force, and to search the premises and every person found there;
(b) to inspect any document, thing or substance found in the premises or in the possession of any person found there, to take copies of any such document and to sample any such substance;
(c) to seize and detain any such document, thing or substance—
(i) in connection with which the police officer has reasonable grounds to suspect that an offence under section 2 has been, is being, or is about to be, committed; or
(ii) which the police officer has reasonable grounds to suspect to be or to contain evidence that such an offence has been committed.
(2) A warrant issued under subsection (1), authorizing a police officer to take the steps mentioned in that subsection, may also authorize any person named in the warrant to accompany the police officer and assist him in taking any of those steps.
(3) For the purpose of this section, premises (處所) includes any place and any vehicle, train, vessel or aircraft.

6. Repeal
(1) The Biological Weapons Act 1974 (Overseas Territories) Order 1975 (S.I. 1975/240 U.K.) is amended in Schedule 2 by repealing “Hong Kong.”.
(2) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply to the repeal effected by subsection (1) as they apply to the repeal of an Ordinance.

### Plant Varieties Protection Ordinance 《植物品種保護條例》

1. Short title
(Amended E.R. 1 of 2022)(1) This Ordinance may be cited as the Plant Varieties Protection Ordinance.
(2) (Omitted as spent—E.R. 1 of 2022)

### Plant Varieties Protection Ordinance 《植物品種保護條例》

2. Interpretation
In this Ordinance, unless the context otherwise requires—
applicant (申請人), in relation to any application, means the person by whom or on whose behalf that application is made;

application (申請) means—
(a) an application for a grant; and
(b) an application for a declaration under section 31(1)(b);

court (法院) means the Court of First Instance; (Amended 25 of 1998 s. 2)
denomination (名目), in relation to any protected variety, or any variety that was a protected variety until the grant made in respect of it expired, means the distinguishing name or identification approved for that variety by the Registrar under section 18(2)(a);
grant (授權證) means a grant of plant variety rights under this Ordinance;
grantee (承授人) means the holder of a grant and, in relation to a protected variety, means the holder of a grant in respect of that variety;

owner (擁有人), in relation to any variety, means—
(a) a person who bred or discovered and developed that variety;
(b) an agent of that person;
(c) a successor to that person;

plant (植物) means—
(a) any multicellular vascular organism with a root system;
(b) any algae;
(c) any fungi;

prescribed (訂明) means prescribed or provided for by regulations made under section 42;
protected variety (受保護品種) means a variety in respect of which a grant is in force;
publication (公布) means public notification, and includes public notification in the Gazette;
register (註冊紀錄冊) means the Register of Plant Variety Rights maintained under section 8(1);
Registrar (處長) means the Registrar of Plant Variety Rights;
reproductive material (生殖材料), in relation to any variety, means any portion of a plant of that variety by means of which plants of that variety may be reproduced or propagated; and means spores and seeds;
sale (售賣) includes any disposition for valuable consideration and any offer for sale, and sell and sold (出售) have corresponding meanings;
term (有效期) means the period that a grant is in force under section 22;
UPOV country (聯盟成員國) means a country that is a member State of the International Union for the Protection of New Varieties of Plants, constituted pursuant to the international agreement called the International Convention for the Protection of New Varieties of Plants;
variety (品種) means a cultivar of a plant to which this Ordinance, by virtue of section 4 and the Schedule, applies, and means any clone, hybrid, stock, or line, of such a plant, but does not mean a botanical variety of such a plant.