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

11. Powers of search, seizure and arrest
(1) The Director, any police officer, or any senior manager or market manager authorized in writing by the Director in that behalf, either generally or in any particular case, may, without warrant, if he has reason to believe that any offence against this Ordinance has been committed— (Amended 51 of 1973 s. 6)
(a) stop, board and search any vessel or vehicle which he has reason to believe was or is being used in connexion with the commission of such offence;
(b) seize and retain any regulated product (and any container thereof) in respect of which he has reason to believe such offence has been committed, and may for the purpose of effecting such seizure require the person for the time being in charge of the vessel or vehicle, if any, in or on which such product is being transported to take the same to such port, market or police station as may in the circumstances be expedient and may there detain such vessel or vehicle until such time as he is able to cause the articles seized to be transferred therefrom;
(c) arrest and forthwith take or cause to be taken to a police station any person whom he has reason to believe to have committed such offence.
(2) Whenever the seizure of any regulated product is lawful under this Ordinance, it shall be lawful to seize and retain any book or document which appears to contain evidence relating to such product.
(3) Any person who resists or obstructs any person in the exercise of any of the powers conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 3 months. (Amended E.R. 1 of 2023)
(4) A notification of any authorization made under subsection (1) shall be published in the Gazette.
(Replaced 35 of 1962 s. 6)

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

12. Sale and forfeiture of goods seized
(1) Where a magistrate is satisfied that an offence against this Ordinance has been committed in respect of any regulated product seized under section 11, whether or not any person has been convicted in respect of such offence, the magistrate may, upon application by the Director, order such product, together with any containers seized therewith, to be forfeited to the Government. (Amended 65 of 1999 s. 3)
(2) Notwithstanding anything contained in subsection (1), where any regulated product seized under section 11 is of a perishable nature, the Director may cause such product to be disposed of prior to application being made under subsection (1) for forfeiture thereof, and if in any such case the magistrate who hears the application for forfeiture is not satisfied that an offence against this Ordinance has been committed in respect of the regulated product, he shall order the proceeds, if any, arising out of the disposal thereof to be paid to such person as in his opinion is the owner of the product.
(3) Nothing in this section shall be construed to prevent the Director, in his discretion, releasing any regulated product or any container thereof seized under section 11 to any person appearing to him to be the owner thereof before an order for forfeiture is made, in which case no order for the forfeiture thereof shall be made.
(4) For the purposes of subsection (2), proceeds (收益) means the proceeds of sale in a wholesale vegetable market less any fees or commission payable under the regulations. (Added 18 of 1969 s. 4)
(Replaced 35 of 1962 s. 6)

### Wholesale Vegetable Market (Establishment) Notice 《蔬菜批發市場(設立)公告》

1. Citation
This Notice may be cited as the Wholesale Vegetable Market (Establishment) Notice.
(E.R. 4 of 2022)

2. Establishment of market
N.K.I.L. 4708 Cheung Sha Wan, Kowloon, is established as a wholesale vegetable market.

### Agricultural Products (Marketing) Regulations 《農產品(統營)規例》

1. Citation
These regulations may be cited as the Agricultural Products (Marketing) Regulations.
(L.N. 126 of 1969)

2. Interpretation
In these regulations, unless the context otherwise requires—
“collecting centre” (收集站) means any place from time to time designated as such by the Director by notice displayed in a wholesale vegetable market;
“Kowloon Area” (九龍區) means Kowloon and New Kowloon; (G.N.A. 100 of 1962)
“market register” (市場登記冊) means the register of purchasers maintained by the market manager;
“market salesman” (市場銷售員) means the person appointed by the Director to make sales as the agent of sellers at a wholesale vegetable market;
“New Territories Area” (新界區) means the New Territories excluding New Kowloon; (G.N.A. 100 of 1962)
“vegetables” (蔬菜) includes all fresh, dried and salted vegetables and also, when intended for human consumption, any part of any kind of the following plants, namely, arrow head, arrow root, bamboo shoot, chilli, chrysanthemum, cress, ginger, Indian corn, lotus, papaya (green only), tomato, water chestnut and any condiment or flavouring plant; (G.N.A. 100 of 1962)
“wholesale” (批發) means sale for resale;
“wholesale vegetable market” (蔬菜批發市場) means a market established by the Director for the sale wholesale of vegetables.

3. Establishment of wholesale vegetable markets
The Director may by notice in the Gazette establish wholesale vegetable markets in the Kowloon Area and in the New Territories Area.
(L.N. 144 of 1973)

4. Restriction on movement of vegetables
No person shall remove any vegetables—
(a) from the New Territories Area; or
(b) from one place in the Kowloon Area to any other place in such Area,
except in accordance with a permit in writing issued by or on behalf of the Director.
(G.N.A. 100 of 1962)

5. Control of wholesale of vegetables
(1) No person shall, except under and in accordance with a permit in writing issued by or on behalf of the Director, sell vegetables wholesale in the Kowloon Area or in the New Territories Area, except at a wholesale vegetable market.
(2) For the avoidance of doubt, it is declared that the provisions of the New Territories Ordinance (Cap. 97) shall apply to the sale of vegetables wholesale under a permit in writing issued by or on behalf of the Director. (G.N.A. 100 of 1962)