### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

25. Application of this Part
This Part does not apply to or in relation to a GMO that is a pharmaceutical product for use by human beings.

26. Documentation requirements for import and export of GMOs
(1) When being imported or exported—
(a) GMOs that are intended for direct consumption as food or feed, or for processing;
(b) GMOs that are intended for contained use; and
(c) GMOs that are intended for release into the environment, 
must be accompanied by the documents prescribed by regulations made under section 50(1).
(2) Subsection (1) does not require GMOs falling within paragraph (a) or (b) of that subsection to be accompanied by the prescribed documents if—
(a) the GMOs are imported or exported in a lot together with other living organisms;
(b) the GMOs are unintentionally mixed with those other living organisms; and
(c) the percentage of the quantity of the GMOs to the total quantity of living organisms in the lot does not exceed the prescribed percentage.
(3) If subsection (1) is not complied with, the person who imports or exports the GMOs commits an offence and is liable to a fine at level 3.
(4) In any proceedings for an offence under subsection (3), it is a defence for the person charged to establish that the person did not know and could not with reasonable diligence have known that GMOs falling within subsection (1)(a), (b) or (c) were being imported or exported.
(5) In subsection (2)(c)—
prescribed percentage (訂明百分比) means—
(a) the percentage prescribed by regulations made under section 50(1) for the purposes of that subsection in relation to GMOs falling within subsection (1)(a) or (b); or
(b) if no percentage is prescribed, 0%.

27. Director must establish and maintain register
(1) The Director must establish and maintain a register for the purposes of this Ordinance.
(2) The Director may keep the register in such form as the Director considers appropriate.
(3) The register must be available for inspection by members of the public, free of charge—
(a) through the Internet; and
(b) at the office of the Agriculture, Fisheries and Conservation Department during normal business hours.

### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

28. Contents of register
(1) The register must contain—
(a) subject to subsection (3)—
(i) every GMO approval application, and any information received by the Director for the purposes of the application; and
(ii) every variation request, and any information received by the Director for the purposes of the request;
(b) every decision of the Director made under section 10(1)(a), 11(5)(a) or 12(1);
(c) every decision of the Administrative Appeals Board on any appeal lodged against a decision of the Director made under section 10(1)(a), 11(5)(a) or 12(1); and
(d) every exemption granted by the Secretary under section 46. 
(2) The register may also contain any other information relating to the administration of this Ordinance or implementation of the Protocol that the Director considers appropriate.
(3) The register must not contain—
(a) any confidential information in relation to a GMO approval application or variation request; or
(b) any GMO approval application or variation request, or any information provided for the purposes of the application or request, that has been withdrawn before it is to be entered in the register in accordance with section 13.

29. Appointment of authorized officers
The Director may, in writing, appoint any public officer of the Agriculture, Fisheries and Conservation Department not below the rank of Field Officer II to be an authorized officer for the purposes of this Ordinance.

30. Powers to search vessels, detain persons, etc.
(1) An authorized officer may stop, board and search any vessel, vehicle, train or aircraft (other than a ship of war, military vehicle or military aircraft) if the officer reasonably suspects that an offence under section 5, 7 or 23 has been, is being or is about to be committed in or on the vessel, vehicle, train or aircraft.
(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about to commit an offence under section 5, 7 or 23, the officer may without warrant—
(a) stop and search the person, and search the property of the person, for anything that is likely to be relevant (whether by itself or together with anything else) to the investigation of the offence; and
(b) detain the person for a reasonable period while the officer inquires about the suspected commission of the offence.

### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

31. Powers to inspect place or premises, take copies of documents, etc. for verifying compliance with this Ordinance
(1) If an authorized officer reasonably suspects that a GMO is being kept in any place or premises, the officer may, for the purpose of verifying compliance with this Ordinance, without notice—
(a) enter and inspect the place or premises during reasonable hours;
(b) require the production of, inspect and examine any thing that the officer reasonably suspects to be, or to contain, a GMO; and 
(c) require the production of, inspect, examine and take copies of any document that is related to compliance with this Ordinance, or any document that relates to the nature or origin of the GMO.
(2) Subsection (1) does not empower an authorized officer to enter—
(a) any premises that are used wholly or principally for dwelling purposes; or
(b) any part of any premises that is used wholly or principally for dwelling purposes.

32. Powers to enter and search place or premises on issue of warrant
(1) A magistrate may issue a warrant authorizing an authorized officer to enter and search any place or premises if satisfied by information on oath that there are reasonable grounds to suspect that—
(a) an offence under this Ordinance has been, is being or is about to be committed in or on the place or premises; or
(b) there is in or on the place or premises any thing that is or contains evidence of the commission of an offence under this Ordinance.
(2) Unless otherwise specified in it, a warrant continues in force until the purposes for which the entry is necessary have been satisfied.
(3) An authorized officer authorized by such a warrant to enter and search any place or premises—
(a) may at the time specified in the warrant or, if no time is specified, at any time enter and search the place or premises, using necessary force; and
(b) may remove any thing that obstructs the entry and search.
(4) An authorized officer may also detain any person found in or on the place or premises, for such period as is reasonably required to permit the search to be carried out, where the person might prejudice the purpose of the search if not so detained.
(5) An authorized officer entering any place or premises under a warrant may take with the officer such persons as may be necessary.
(6) This section does not prejudice any powers of entry and search conferred on police officers under any other law.

33. Powers to seize, remove and detain things
(1) An authorized officer may seize, remove and detain any thing that the officer reasonably suspects to be or to contain evidence of the commission of an offence under this Ordinance.
(2) An authorized officer does not incur any civil liability in respect of anything done or omitted to be done by the officer in good faith in the exercise or purported exercise of any power under this section.