### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

109. Specimens of inspection marks and labels be sent to appropriate authorities for information
The Director may—
(a) send to the appropriate authorities samples or specimens of any marks or labels devised, provided, approved or authorized by him under these regulations; and
(b) before devising, providing, approving or authorizing any mark or label, consult with the appropriate authorities concerning the design, colour, wording, language and use thereof.

110. Export certificates
(1) Subject to this regulation, an inspector who has been authorized in writing by the Director for the purpose may, upon request, issue an export certificate in such form as may be approved by the Director, in respect of carcasses or poultry products which—
(a) are intended to be exported to any of the countries specified in the First Schedule; and
(b) have been slaughtered, processed, inspected, and passed in accordance with these regulations.
(2) No inspector shall issue an export certificate unless he has first inspected the carcasses or poultry products to which such certificate relates to ascertain whether they have been so slaughtered, processed, inspected and passed.
(3) Every export certificate shall bear—
(a) the signature of the inspector issuing it;
(b) the date of its issue;
(c) the names of the exporter and of the consignee;
(d) the destination of the carcasses or poultry products in respect of which the certificate is issued;
(e) the shipping marks;
(f) the total net weight and a full description of the carcasses or poultry products in respect of which the certificate is issued; and
(g) such other information as the Director may require.
(4) The original and a duplicate copy of every export certificate shall be delivered by the inspector to the person who requested the issue thereof.
(5) The Director may—
(a) direct a person to whom an export certificate has been issued or who is in possession of an export certificate to surrender the certificate to him; and
(b) cancel an export certificate issued under this regulation. (L.N. 336 of 1990)
(6) As soon as reasonably practicable after the cancellation of an export certificate, the Director shall—
(a) cause the person to whom the certificate was issued to be served, either personally or by registered post, with a notice in writing informing him of such cancellation and of the reasons therefor; and
(b) inform the appropriate authority in the country to which the carcasses or poultry products referred to in the cancelled certificate were to be exported of such cancellation and of the reasons therefor.
(7) Failure to comply with paragraph (6) shall not affect the validity of the cancellation by the Director of an export certificate.

### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

111. Director to give information to appropriate authorities upon grant of licence to use premises as a poultry export factory
As soon as possible after the grant of a licence the Director shall—
(a) notify the appropriate authorities in every country specified in the First Schedule of such grant; and
(b) forward to the appropriate authorities such information concerning—
(i) the licensee;
(ii) the location, design and construction of the premises and of the equipment therein; and
(iii) other relevant matters,
as the Director may consider appropriate or necessary.

112. Records
A licensee shall—
(a) keep such records relating to his poultry export factory and the operation thereof in such form and manner as the Director may require;
(b) permit the Director, a public officer authorized by the Director for the purpose or any inspector, to inspect the records at all reasonable times; and
(c) deliver to the Director, at such times as he may require, the records, or such summaries of, or extracts from them, as he may direct.

113. Director may vary or rescind decisions of inspectors
(1) The Director may, in his absolute discretion, vary or rescind any decision of an inspector under these regulations.
(2) A decision of the Director under this regulation shall have the same force and effect as if it was a decision of an inspector under these regulations.

114. Person aggrieved to have a right of appeal
(Adaptation amendments retroactively made - see 65 of 1999 s. 3)
(1) Except where an appeal lies under paragraph (2), any person aggrieved by a decision—
(a) of the Director; or
(b) subject to paragraph (3) of an inspector,
may appeal to the Chief Executive against such decision and on consideration of such appeal the Chief Executive may make such order as he thinks just.
(2) A person aggrieved by—
(a) the refusal of the Director to grant a licence under these regulations; or
(b) the revocation of such a licence by the Director,
may appeal by way of petition to the Chief Executive in Council against the refusal or revocation.
(3) No appeal shall lie under paragraph (1) in respect of any decision of an inspector, unless the person aggrieved has, before appealing to the Chief Executive, informed the Director in writing that he objects to the decision of the inspector.
(65 of 1999 s. 3)

115. Liability for nuisance not affected
Nothing in these regulations or in a licence granted under them shall—
(a) authorize the commission of a nuisance;
(b) affect the liability of any person in respect of a nuisance; or
(c) restrict or remove the right or power of any person to abate a nuisance.

### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

116. Manner of signifying approval of Director
The Director shall signify any approval, authorization or consent given by him under these regulations either—
(a) generally, by notice in the Gazette, or
(b) in any particular case, in writing.

117. Offences
(1) A licensee who contravenes any of the provisions specified in Part I of the Fourth Schedule shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars.
(2) A person who contravenes any of the provisions specified in Part II of the Fourth Schedule shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars.
(3) A person who contravenes any of the provisions specified in Part III of the Fourth Schedule shall be guilty of an offence and shall be liable on conviction to a fine of five hundred dollars.
(4) A person who wilfully fails to comply with any direction of the Director under sub-paragraph (a) of paragraph (5) of regulation 110 shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars.
(5) If a person by whom an offence under these regulations is committed is a corporation, every director or other officer concerned in the management of the corporation shall be guilty of the like offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

118. Commencement of prosecutions
Prosecutions for offences under these regulations shall not be commenced without the consent in writing of the Director.

119. Power of Director to give directions to licensee
The Director may give the licensee such directions as he thinks fit for the purposes of these regulations.

### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

120. Requirements of these regulations to be additional to and not in derogation of other enactments
Except where the context otherwise requires, the requirements of these regulations shall be additional to, and not in derogation of, the requirements of—
(a) the Colouring Matter in Food Regulations (Cap. 132 sub. leg. H);
(b) the Food Adulteration (Metallic Contamination) Regulations (Cap. 132 sub. leg. V);
(c) the Food Business Regulation (Cap. 132 sub. leg. X); (78 of 1999 s. 7)
(d) (Repealed 78 of 1999 s. 7)(e) the Public Health and Municipal Services Ordinance (Cap. 132); and (10 of 1986 s. 32(1))
(f) any other enactment which may apply in relation to—
(i) the slaughter of poultry;
(ii) the processing of carcasses, poultry products or foodstuffs;
(iii) the erection or use of buildings;
(iv) any equipment of a poultry export factory; or
(v) the development or use of any land.