### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

23. Issue of licences
(1) The Director may, on application made to him in the specified form and on payment of the fee prescribed in Schedule 2, issue a licence for the—
(a) import;
(b) introduction from the sea;
(c) export;
(d) re-export; or
(e) possession or control,
of a specimen of a scheduled species.
(2) The Director shall not approve an application made under this section if such approval would contravene any requirement under the Convention.
(3) On issuing any such licence, the Director may impose such conditions as he considers appropriate, including conditions that are more stringent than any requirement under the Convention.
(4) A licence issued under this section shall—
(a) be in the specified form;
(b) specify the name and address of the holder of the licence;
(c) specify the quantity and description of the specimen concerned;
(d) specify the conditions, if any, of the licence; and
(e) specify the period of validity of the licence.
(5) If any condition of a licence issued under this section is contravened, the holder of the licence commits an offence and is liable on conviction to a fine at level 5.
Note—For a licence in respect of a specimen that is an elephant hunting trophy or elephant ivory, see sections 4, 6 and 10 of Schedule 4, which restrict the Director’s power to approve an application under this section. (Added 7 of 2018 s. 19)

24. Extension, renewal and variation of licences
(1) The Director may, on application made to him in the specified form and on payment of the fee prescribed in Schedule 2—
(a) extend the period of validity of a licence issued under section 23(1)(a), (b), (c) or (d);
(b) renew a licence issued under section 23(1)(e); or
(c) vary a licence issued under section 23 in any other way.
(2) The Director shall not approve an application made under this section if such approval would contravene any requirement under the Convention.
Note—For a licence in respect of a specimen that is an elephant hunting trophy or elephant ivory, see sections 4, 6 and 10 of Schedule 4, which restrict the Director’s power to approve an application under this section. (Added 7 of 2018 s. 20)

25. Refusal of application made under section 23 or 24
If the Director refuses an application made under section 23 or 24, he shall give written notice of the refusal to the applicant stating the reason for the refusal.

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

26. Cancellation of licences
(1) The Director may cancel a licence that is issued under section 23 or extended, renewed or varied under section 24 if—
(a) any condition of the licence is contravened; or
(b) the Director is satisfied that the licence was issued, extended, renewed or varied as a result of a false representation of any fact made by the applicant or an unlawful act of the applicant.
(2) If the Director cancels a licence under subsection (1), he shall give written notice of the cancellation to the holder of the licence stating the reason for the cancellation.
(3) After receipt of a notice of cancellation under subsection (2), the holder of the relevant licence shall immediately surrender the licence to the Director.
(4) If that holder lodges an appeal under section 46(1) against the Director’s decision relating to the cancellation of the relevant licence, the Director shall return the licence to that holder pending the determination of the appeal by the Administrative Appeals Board.
(5) If the Administrative Appeals Board confirms the Director’s decision relating to the cancellation of the relevant licence, that holder shall, immediately after receipt of a notice of the Administrative Appeals Board’s decision, surrender the licence to the Director.
(6) A holder of a licence who without reasonable excuse fails to comply with subsection (3) or (5) commits an offence and is liable on conviction to a fine at level 6.

26A. Specified provisions subject to Schedule 4
(1) A specified provision applies subject to Schedule 4 in relation to a specimen that is an elephant hunting trophy or elephant ivory.
(2) For the purpose of providing information on any provision in Schedule 4 that relates to a specified provision, the Secretary may, by order published in the Gazette, amend the specified provision by adding or amending a note.
(3) In this section—

specified provision (指明條文) means any of the following provisions—
(a) Part 4;
(b) section 23;
(c) section 24;
(d) the Protection of Endangered Species of Animals and Plants (Exemption for Appendix I Species) Order (Cap. 586 sub. leg. A);
(e) the Protection of Endangered Species of Animals and Plants (Exemption for Appendices II and III Species) Order (Cap. 586 sub. leg. B).

27. Authorized officers
(1) The Director may in writing authorize any public officer to exercise any of the powers and perform any of the duties conferred or imposed on the Director or an authorized officer by this Ordinance.
(2) The Director may exercise any of the powers or perform any of the duties conferred or imposed on an authorized officer by this Ordinance.

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

28. Power to require production of document or other evidence to show compliance with this Ordinance
(1) If a person has in his possession or under his control a specimen of a scheduled species, an authorized officer may require the person to produce any document or other evidence on which the person relies to show that the possession or control is not in contravention of this Ordinance.
(2) A person who without reasonable excuse fails to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine at level 6.

29. Power to require scientific names and common names
(1) If an authorized officer reasonably suspects that an animal or plant, whether live or dead, or a part of an animal or plant—
(a) is being or has been imported;
(b) is being or has been introduced from the sea;
(c) is in transit;
(d) is being or is to be exported; or
(e) is being or is to be re-exported,
and is a specimen of a scheduled species, he may require the person who has the animal, plant or part in his possession or under his control to give its scientific name and common name.
(2) A person who—
(a) without reasonable excuse fails to comply with a requirement made under subsection (1); or
(b) knowingly makes a false statement in purported compliance with such a requirement,
commits an offence and is liable on conviction to a fine at level 5.

30. Power to require production of things for inspection
If an authorized officer reasonably suspects that a thing—
(a) is being or has been imported;
(b) is being or has been introduced from the sea;
(c) is in transit;
(d) is being or is to be exported;
(e) is being or is to be re-exported; or
(f) is in the possession or under the control of any person,
and is a specimen of a scheduled species, that officer may, for the purposes of verifying compliance with this Ordinance and on production of written evidence of his identity, stop the person who has the thing in his possession or under his control and require him to produce the thing for inspection.