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

46. Appeals to Administrative Appeals Board
(1) A person aggrieved by a decision of the Director relating to—
(a) the refusal to issue a licence under section 23;
(b) an application to extend or renew a licence under section 24;
(c) an application to vary a licence under section 24;
(d) any condition specified in a licence issued under section 23 or extended, renewed or varied under section 24; or
(e) the cancellation of a licence under section 26,
may, within 21 days of receiving notice of the decision, appeal to the Administrative Appeals Board against the decision.
(2) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(b), the licence concerned shall, despite the expiry of its period of validity, be treated as continuing in force subject to its conditions until the determination of the appeal by the Administrative Appeals Board.
(3) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(c), the licence concerned shall not be varied pending the determination of the appeal by the Administrative Appeals Board.
(4) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(d) or (e), the decision shall not become effective pending the determination of the appeal by the Administrative Appeals Board.

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

48. Power to amend Schedules
(1) The Secretary may, by order published in the Gazette, amend any Schedule.
(2) If, at the commencement of an order amending Schedule 1—
(a) a person has in his possession or under his control a specimen of an Appendix I species or Appendix II species; and
(b) section 9(1) or 15(1) does not apply to the specimen prior to that commencement,
section 9(1) or 15(1), as the case may be, shall apply in respect of the specimen only on the expiry of 3 months after that commencement unless otherwise stated in the order.

49. Advisory Committee
(1) The Chief Executive may establish an Advisory Committee consisting of such members as he may appoint.
(2) The Advisory Committee shall advise the Director upon any question that he may refer to it in connection with the administration of this Ordinance.
(3) The Advisory Committee established under section 14 of the repealed Ordinance shall be treated as the Advisory Committee established under this section.
(4) A person who was, immediately before the commencement* of this section, a member of the Advisory Committee established under section 14 of the repealed Ordinance shall be treated as a member of the Advisory Committee established under this section on the same terms and conditions as applied to the person immediately before that commencement.

Editorial Note:
* Commencement date: 1 December 2006.

50. Director and authorized officers to be subject to Chief Executive’s directions
(1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Director or an authorized officer of any powers or duties under this Ordinance.
(2) The Director and every authorized officer shall, in the exercise or performance of any powers or duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).

51. Director empowered to specify forms
The Director may specify any form to be used for the purposes of this Ordinance.

52. Issue of re-export certificates
The Director may, on application made to him in the specified form and on payment of the fee prescribed in Schedule 2, issue a re-export certificate in respect of an animal or plant, or any part or derivative of an animal or plant for the purpose of facilitating the applicant’s compliance with a requirement imposed in relation to the Convention by any Party.

53. Power of Secretary to make regulations
The Secretary may by regulation provide for—
(a) the registration of any scientific institution for the purposes of this Ordinance;
(b) any matter so as to enable any part of a Convention instrument to have the force of law in Hong Kong with or without modification; and
(c) any matter ancillary or incidental to those specified in paragraphs (a) and (b).

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

54. Repeal of Animals and Plants (Protection of Endangered Species) Ordinance
The Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) and the Animals and Plants (Protection of Endangered Species) (Exemption) Order (Cap. 187 sub. leg. A) are repealed.

55. Transitional provisions relating to Animals and Plants (Protection of Endangered Species) Ordinance
(1) In this section, relevant date (有關日期) means the date of commencement* of this Ordinance.
(2) If, immediately before the relevant date, there was a pending application for—
(a) a former licence; or
(b) an extension, a renewal or a variation of a former licence,
the application shall be treated as an application for a licence made under section 23(1)(a), (b), (c), (d) or (e), as the case may be.
(3) A former licence that is in force immediately before the relevant date—
(a) shall be treated as a licence issued under section 23(1)(a), (b), (c), (d) or (e), as the case may be; and
(b) subject to section 26, continues in force until the expiration of the period of validity specified in the licence.
(4) A right of appeal subsisting under section 17 of the repealed Ordinance immediately before the relevant date shall be treated as a right of appeal against a decision to the Administrative Appeals Board under section 46(1)(a), (b), (c), (d) or (e), as the case may be.
(5) An appeal pending under section 17 of the repealed Ordinance immediately before the relevant date shall be treated and disposed of as if it were an appeal against a decision pending to the Administrative Appeals Board under section 46(1)(a), (b), (c), (d) or (e), as the case may be.
(6) If—
(a) immediately before the relevant date a person had in his possession or under his control a specimen of an Appendix I species or Appendix II species; and
(b) there was no licensing requirement in respect of that specimen under section 6 of the repealed Ordinance in force immediately before the relevant date,
section 9(1) or 15(1), as the case may be, shall apply in respect of that specimen only on the expiry of 6 months after the relevant date.

Editorial Note:
* Commencement date: 1 December 2006.