### Fisheries Protection Ordinance 《漁業保護條例》

26. Refusal of applications for issue or renewal of research fishing permit
(1) The Director must refuse an application under section 25— (Amended 22 of 2020 s. 9)
(a) unless the Director is satisfied that—
(i) there is a valid operating licence in respect of the vessel;
(ii) the vessel is designed and equipped to be used primarily for fishing employing the fishing methods claimed by the applicant in the application for a research fishing permit;
(iii) the fishing is for the purpose of scientific research, environmental monitoring or related purposes only; and
(iv) the granting of the application will be consistent with the provisions of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548); or
(b) if the applicant fails to produce the vessel (including its ancillary vessels) for inspection on request.
(2) The Director may refuse an application under section 25 if— (Amended 22 of 2020 s. 9)
(a) the Director is of the opinion that—
(i) the issue or renewal of the research fishing permit will not be in the best interests of promoting the sustainability of fisheries resources of the waters of Hong Kong; or
(ii) the vessel in respect of which the permit has been issued or any of its ancillary vessels has been engaged in fishing in contravention of the provisions of this Ordinance (or, in the case of an application for renewal, any conditions imposed in the original permit); or
(b) the applicant has been convicted of any offence under this Ordinance.
(3) In considering an application under section 25, the Director may have regard to such other matters as the Director thinks fit. (Amended 22 of 2020 s. 9)
(4) If an application is refused under this section, the Director must send a notice of refusal to the applicant and the owner of the vessel who has given the written consent (if any) within 14 days after the date of the decision. (Amended 22 of 2020 s. 9)

27. Research fishing permit not transferable
A research fishing permit is not transferable.

28. Vessel particulars to be adhered to
Despite any research fishing permit, no fishing with the use or aid of the vessel or any of its ancillary vessels may be carried out within the waters of Hong Kong if—
(a) the engine power of the vessel; or
(b) the maximum number of ancillary vessels the vessel has,
exceeds that specified in the permit.

### Fisheries Protection Ordinance 《漁業保護條例》

29. Grounds for cancellation of research fishing permit and its return
(1) The Director may cancel a research fishing permit if—
(a) the permit holder has been convicted of any offence under this Ordinance;
(b) in the opinion of the Director, allowing the permit to continue in force is not in the best interests of promoting the sustainability of fisheries resources of the waters of Hong Kong; or
(c) the vessel in respect of which the permit has been issued has been engaged in fishing which does not comply with the provisions of this Ordinance.
(2) If the Director intends to cancel a research fishing permit under subsection (1), the Director must send a notice of cancellation of a research fishing permit to the permit holder.
(3) A research fishing permit is cancelled on the expiry of the date of cancellation stated in the notice sent under subsection (2), which must not be earlier than 21 days after the date of the notice.
(4) Unless an appeal has been lodged under section 33, a permit holder who has received a notice under subsection (2) and fails to return the research fishing permit to the Director within 21 days from the date of cancellation without reasonable excuse commits an offence and is liable on conviction to a fine at level 3.

30. Change of particulars
(1) Subject to subsection (5), a person to whom a certificate of registration or a research fishing permit has been issued must within 7 days after any change in the particulars specified in the certificate (other than the identity of the owner) or permit—
(a) notify the Director by notice in writing of the change;
(b) provide the Director with all information as may be necessary to enable the Director to verify the change so notified; and
(c) at the same time deliver to the Director the certificate or permit.
(2) The Director is to amend the register (in the case of a change in the particulars of a certificate of registration) and issue a replacement certificate or permit to the certificate holder or permit holder, as the case may be.
(3) On the issue of the replacement certificate or permit, the original ceases to be valid.
(4) A person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3.
(5) Despite subsection (1), no change may be made under this section to—
(a) the identity of the owner of a registered vessel; or
(b) any vessel particulars of a registered vessel that would increase its engine power or number of ancillary vessels (if any).

### Fisheries Protection Ordinance 《漁業保護條例》

31. Production of certificate or permit
(1) A certificate holder or a permit holder to whom a certificate of registration or a research fishing permit has been issued must ensure that the valid certificate of registration or research fishing permit is produced on demand by the Director or a fisheries inspector or authorized officer.
(2) A person who without reasonable excuse fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 3.

32. Duplicate certificate or permit
(1) If a certificate of registration or a research fishing permit has been destroyed, defaced or lost, the Director may on application issue a duplicate certificate of registration or research fishing permit, as the case may be.
(2) A certificate of registration or a research fishing permit ceases to be valid when a duplicate in respect of which is issued.

33. Right of appeal
Any person aggrieved by a decision of the Director—
(a) refusing an application for registration under section 14(1), 14A(2), 14B(8), 19(1), 21(1) or 21A(8) or an application for the issue or renewal of a research fishing permit under section 25; (Replaced 22 of 2020 s. 10)
(ab) refusing to issue a provisional approval under section 14B(2); (Added 22 of 2020 s. 10)
(b) imposing conditions under section 16 or 25(3);
(c) adding, removing or amending any conditions of registration or refusing to do so under section 17;
(ca) refusing to issue a certificate of eligibility under section 21A(2); (Added 22 of 2020 s. 10)
(d) cancelling a registration under section 24 or a research fishing permit under section 29,
may, within 21 days from the date of the notice of the decision of the Director, appeal to the Administrative Appeals Board.

34. Pending determination
If an appeal is lodged—
(a) against a decision of the Director to cancel a registration or a research fishing permit or an action under section 17, the Director may suspend the operation of the decision or action for any period before the appeal is disposed of, withdrawn or abandoned;
(b) against a decision of the Director to refuse to renew a research fishing permit, the research fishing permit (if expired) is to be taken to continue in force according to its conditions until such appeal is disposed of, withdrawn or abandoned.