### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

4. Regulations
(1) The Chief Executive in Council may by regulation provide for— (Amended 65 of 1999 s. 3)
(a) controlling the importation and exportation of marine fish;
(b) controlling the landing and transport of marine fish within Hong Kong; (Amended 8 of 1988 s. 3)
(c) the issue of permits and licences in respect of the matters controlled by this Ordinance;
(d) prescribing conditions and restrictions in connexion with the marketing of marine fish wholesale; and
(e) carrying into effect the provisions of this Ordinance.
(2) Such regulations may prescribe contraventions thereof which shall constitute offences and may prescribe penalties not exceeding level 3 and imprisonment for 6 months. (Amended 8 of 1988 s. 3; E.R. 5 of 2022)

5. Licences and permits
(1) The Director may grant a permit or licence, on such conditions as he thinks fit, to any person to do any act which is made subject to his control by this Ordinance and may cancel a permit or licence where this Ordinance or any such condition is contravened. (Replaced 34 of 1973 s. 3)
(2) (Repealed 34 of 1973 s. 3)(3) Any person who—
(a) contravenes or fails to comply with any condition imposed in connexion with the grant of any permit or licence; or
(b) when applying for any permit or licence makes any statement or furnishes any information, whether such statement is verbal or in writing, which is false in any material particular or by reason of the omission of any material particular and which he knows or has reason to believe is false,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended 8 of 1988 s. 4; E.R. 5 of 2022)

6. Chief Executive may give directions to the Organization
(1) The Chief Executive may give directions both generally and in particular matters to the Organization in the discharge of its functions, and without derogating from the generality of such power he may control by such directions— (Amended 65 of 1999 s. 3)
(a) the fees charged other than those specified in by-laws;
(b) deposits required by way of part-payment for market purchases;
(c)  the keeping of lists of persons authorized to make purchases in markets:

Provided that no such direction shall have effect in any manner as to conflict with the provisions of any regulation or by-law made and in force under this Ordinance.(2) The Organization shall give effect to directions made under this section.

### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

7. Powers of search, seizure and arrest
(1) The Director, any police officer, or any manager or public officer authorized by the Director in writing in that behalf either generally or for a particular occasion may where he has reasonable cause to suspect that any offence against this Ordinance or any regulations or by-laws made thereunder has occurred, or in the case of paragraph (a) is about to occur— (Amended 34 of 1973 s. 4; 14 of 1978 s. 3)
(a) enter and search any place and stop, board, and search any vessel or vehicle which he reasonably suspects of being concerned in such offence;
(b) seize any marine fish and container thereof which he reasonably suspects of being the subject matter of such offence. Where necessary to effect such seizure, he may require the driver of any vehicle to proceed to a market or a police station and may detain any vessel or vehicle until such time as he shall be able to transfer therefrom the articles seized;
(c) arrest and take to a police station any person whom he reasonably suspects of being concerned in such offence. On arrival at such police station the facts shall forthwith be reported to the officer in charge thereof who shall take the action prescribed by section 52 of the Police Force Ordinance (Cap. 232) in like manner as if the person has been arrested by a constable without a warrant on reasonable suspicion of being guilty of an offence.
(2) Any person who resists or obstructs any search, seizure, detention or arrest commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months. (Amended 8 of 1988 s. 5; E.R. 5 of 2022)
(3) Notification of any manager or public officer authorized under subsection (1) shall be published in the Gazette. (Amended 34 of 1973 s. 4; 14 of 1978 s. 3)

### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

8. Sale and forfeiture of goods seized
(1)  Any marine fish seized under this or any other enactment may be sold wholesale by the Organization and the market proceeds held pending a determination by a magistrate under this section:
Provided that the Director may in his absolute discretion restore to any person appearing to him to have a right thereto any marine fish or the market proceeds thereof. 
(2) On application being made a magistrate shall order to be forfeited to the Government any marine fish seized in accordance with section 7 or the market proceeds where he is satisfied that an offence against this Ordinance or any regulations or by-laws made thereunder has been committed in respect of such marine fish, whether or not any person has been convicted of such offence and whether or not the owner or other interested party is then before him. (Amended 65 of 1999 s. 3)
(3) Within 1 month of the date of any order of forfeiture made under subsection (2), any person claiming and appearing to the magistrate to be the owner or a person otherwise interested in such marine fish, may apply to the magistrate for a review of his order, and the magistrate shall review his order and may rescind his order if he is satisfied that no offence under this Ordinance has been committed in respect of the marine fish.
(4) Where the magistrate makes no order for forfeiture under subsection (2) or rescinds the order for forfeiture under subsection (3), he shall order that the marine fish or the market proceeds shall be returned or paid to the person, as the case may be, who establishes a right thereto.
(5) Where no application for review is made to the magistrate under subsection (3) or where upon review the magistrate confirms the order of forfeiture, the marine fish or the market proceeds shall become the property of the Government free from all rights of any person, and the same shall be delivered up by the Organization to the Government. (Amended 65 of 1999 s. 3)

(6) Notwithstanding the earlier provisions of this section, the Chief Executive in Council may in his absolute discretion entertain and give effect to any moral claim to or in respect of any marine fish forfeited thereunder. (Amended 65 of 1999 s. 3)
(7) For the purposes of this section—
market proceeds (市場收益) means the proceeds of sale in a market less any commission or fees payable to the Organization.