### Agricultural Products (Marketing) Ordinance 《農產品(統營)條例》

1. Short title
This Ordinance may be cited as the Agricultural Products (Marketing) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Advisory Board (顧問委員會) means the persons appointed to form a Marketing Advisory Board;
agricultural product (農產品) includes any product of agriculture or horticulture and any article of food or drink wholly or partly manufactured or derived from any such products, and fleeces and the skins of animals; [cf. 1931 c. 42 s. 18 U.K.]
Committee (委員會) means the Agricultural Products Scholarship Fund Advisory Committee established by section 9F; (Added 13 of 1978 s. 2)
Director (處長) means the officer appointed as Director of Marketing;
fund (基金) means the Agricultural Products Scholarship Fund established by section 9A; (Added 13 of 1978 s. 2)
market manager (市場經理) means a person appointed by the Director under section 3(2) to be manager of a wholesale vegetable market; (Added 51 of 1973 s. 2)
producer (生產人) means in relation to any product the person who produces an agricultural product and any other person who employs such a person;
regulated product (受規管產品) means any product the marketing of which is regulated under this Ordinance whether produced within Hong Kong or otherwise; (Amended 65 of 1999 s. 3)
senior manager (高級經理) means any person appointed as such by the Director under section 3(2); (Added 51 of 1973 s. 2)
trustee (受託人) means the Director as trustee of the fund. (Added 13 of 1978 s. 2)

3. Appointment of Director of Marketing, market manager and senior manager
(1) The Chief Executive may appoint, by name or office, an officer to be Director of Marketing. (Amended 65 of 1999 s. 3)
(2) The Director may appoint any person to be the manager of a wholesale vegetable market and may also appoint any person to be a senior manager.
(Amended 51 of 1973 s. 3)

### Agricultural Products (Marketing) Ordinance 《農產品(統營)條例》

4. Seal, style and acts of Director
(1) The Director shall be known by the name of the Director of Marketing, and may for all purposes be described by that name. (Amended 18 of 1957 Third Schedule)
(2) The Director shall have an official seal, which shall be officially and judicially noticed, and shall be authenticated by the signature of the Director or of any person authorized by the Director to act in that behalf.
(3) For the purpose of acquiring and holding property, the Director for the time being shall be a corporation sole, and all property vested in the Director shall be held in trust, subject to sections 9A and 9B, for the Government for the purposes of his office. (Amended 13 of 1978 s. 3; L.N. 446 of 1994)
(4) Upon and by virtue of the appointment of any person to be Director, the benefit of all deeds, contracts, bonds, securities or things in action vested in his predecessor at the time of his predecessor ceasing to hold office shall be transferred to and vested in and enure to the benefit of the person so appointed, in the same manner as if he had been contracted with instead of his predecessor, and as if his name had been inserted in all such deeds, contracts, bonds or securities instead of the name of his predecessor. (Amended 35 of 1962 s. 2)
(5) For the purpose of contracts entered into prior to the commencement* of this Ordinance by or on behalf of any person who has been exercising functions analogous to those of the Director at the time of entering into the said contract, such contracts shall be deemed to have been lawfully entered into by the Director and for the purpose of subsection (4) shall be deemed to have been entered into by the predecessor of the Director.
(6) If any question arises as to who is or was at any time the Director or whether a person has been exercising functions analogous to those of the Director prior to the commencement of this Ordinance, a certificate under the hand of the Secretary for Environment and Ecology shall be conclusive evidence for all purposes whatsoever as to who is or was the Director or whether a person has been exercising such functions. (Amended L.N. 265 of 1978; 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
[cf. 1919 c. 21 s. 7 U.K.] Editorial Note:
* Commencement date: 2 May 1952.

### Agricultural Products (Marketing) Ordinance 《農產品(統營)條例》

5. Power to acquire and dispose of property
(1) The Director in his corporate capacity shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to purchase, acquire and possess goods and chattels of what nature and kind soever.
(2) The Director in his corporate capacity shall further have power by deed under his seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuage or other goods and chattels whatsoever, which are for the time being vested in or belonging to the Director.

5A. Director to be subject to Chief Executive’s directions
(1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Director, or any person acting on his behalf, of any powers, functions or duties under this Ordinance.
(2) The Director and any person acting on his behalf shall in the exercise or performance of any powers, functions or duties under this Ordinance comply with any directions given by the Chief Executive under subsection (1).
(Added 51 of 1973 s. 4. Amended 65 of 1999 s. 3)

6. Marketing Advisory Board
(1) There shall be a Marketing Advisory Board which shall be a consultative body for advising the Chief Executive upon any matters referred to it by the Chief Executive or the Director. (Amended 65 of 1999 s. 3)
(2) The Advisory Board shall consist of the Director and such other members as are appointed by the Chief Executive by notice in the Gazette. (Amended 35 of 1962 s. 3; 51 of 1973 s. 5; 65 of 1999 s. 3)
(3) The Director shall be ex officio the Chairman of the Advisory Board, but in the event of his absence from any meeting the members present shall appoint any other of its members as Chairman.
(4) A member appointed by the Chief Executive shall hold office for one year and may be re-appointed from time to time at the discretion of the Chief Executive. (Amended 35 of 1962 s. 3; 65 of 1999 s. 3)
(5) Three members of the Advisory Board shall form a quorum.
(6) The Director shall appoint a public officer to be the secretary to the Advisory Board. (Replaced 51 of 1973 s. 5)