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

42. Compensation for seizure etc.
(1) Subject to subsection (2), if a thing has been seized under section 33, the Government is liable to compensate the owner of the thing for any loss suffered by the owner—
(a) by reason of the seizure; or
(b) by reason that the thing dies, perishes or deteriorates, or is lost or damaged, during the time when the thing is seized or detained.
(2) The owner is not entitled to compensation for the loss if—
(a) the owner has been convicted of an offence under this Ordinance in relation to the thing; or
(b) the thing is forfeited to the Government by an order of the court or magistrate under section 38, 39 or 40 (except where the thing is forfeited pursuant to section 40(3)).
(3) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable is an amount that is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—
(a) the owner of the thing seized;
(b) the person in charge of the thing at the time when it was seized;
(c) the agents of the persons specified in paragraphs (a) and (b); and
(d) authorized officers, public officers and other persons concerned.
(4) No proceedings are maintainable in respect of a claim for compensation on any of the grounds referred to in subsection (1) unless the proceedings are commenced—
(a) in the case of a claim for compensation in respect of any thing that was seized but subsequently returned to its owner by order of the court or magistrate or by any person having authority to return the thing to the owner, not later than 6 months after the return of the thing;
(b) in the case of a claim for compensation on the ground that the thing died, perished or deteriorated, or was lost or damaged, during the time when the thing was seized or detained, not later than 6 months from whichever of the following is the earlier—
(i) the discovery by the owner of the existence of the ground;
(ii) the date on which the owner could, by the existence of reasonable diligence, have discovered the existence of the ground.
(5) A claim for compensation under this section may be made—
(a) in the Small Claims Tribunal, if the claim is within the jurisdiction of the Tribunal; or
(b) in the District Court, irrespective of the amount claimed.

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

43. Appeals
(1) If an applicant under a GMO approval application or variation request is aggrieved by a decision under section 10(1)(a), 11(5)(a), 12(1) or 16(3)(a), or a direction under section 12(7), the applicant may, within 28 days after receiving notice of the decision or direction, appeal to the Administrative Appeals Board against that decision or direction.
(2) If a person who is directed under section 41(2) to dispose of a thing is aggrieved by the direction, the person may, within 28 days after receiving notice of the direction, appeal to the Administrative Appeals Board against that direction.
(3) After lodging an appeal under subsection (1), the applicant must, pending the Administrative Appeals Board’s decision on the appeal, cause the GMO to which the appeal relates to be kept in a manner that effectively limits its contact with, and its impact on, the environment.
(4) Subsection (3) does not apply if the GMO has already been released into the environment.
(5) If an appeal is lodged against a direction referred to in subsection (1) or (2), the applicant or person is not required to carry out the direction pending the Administrative Appeals Board’s decision on the appeal.

44. Offences on obstruction and failure to comply with requirements
(1) On performing any function or duty, or exercising any power, under this Ordinance, an authorized officer must produce written evidence of the officer’s identity.
(2) A person commits an offence if the person—
(a) wilfully obstructs an authorized officer from performing any function or duty, or exercising any power, under this Ordinance; or
(b) without reasonable excuse, fails to comply with any requirement imposed by an authorized officer under this Ordinance.
(3) A person who commits an offence under subsection (2) is liable to a fine at level 6 and to imprisonment for 6 months.

45. Provision of false information
(1) A person commits an offence if the person, in respect of a GMO approval application or variation request, or in purported compliance with this Ordinance, produces any document, furnishes any information or makes any statement that the person—
(a) knows or believes to be false;
(b) does not believe to be true; or
(c) knows or believes to be misleading in a material particular.
(2) A person who commits an offence under subsection (1) is liable to a fine at level 6 and to imprisonment for 6 months.

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

46. Secretary’s power to grant exemptions
(1) The Secretary may, by notice published in the Gazette, exempt any person, any group or description of persons, or any GMO from the application of section 5, 7 or 23.
(2) An exemption may take effect generally or for any purposes or by reference to any circumstances, and either conditionally or unconditionally.
(3) The Secretary must not grant an exemption under subsection (1) unless the Secretary is satisfied that the possible adverse biosafety effect that may result from the exemption is acceptable or manageable.

47. Expert group
(1) The Secretary must establish an expert group consisting of—
(a) members who are public officers; and
(b) members who are not public officers and who are appointed from different sectors, including the farming, biotechnology, environmental protection, academic and trading sectors.
(2) Members are appointed by the Secretary.
(3) The Director may refer any question in connection with the administration of this Ordinance, including the processing of individual GMO approval applications, variation requests and non-disclosure requests, and the granting of exemptions, to the expert group, or individual members of the group, for advice.

48. Director’s power to specify forms
The Director may specify any form to be used for the purposes of any matter provided for in this Ordinance.

49. Secretary’s power to amend Schedules
The Secretary may, by order published in the Gazette, amend Schedule 1, 2, 3, 4, 5 or 6.

50. Secretary’s power to make regulations
(1) The Secretary may make regulations for all or any of the following purposes—
(a) to prescribe the documents required to accompany GMOs falling within section 26(1)(a), (b) or (c) when those GMOs are being imported or exported;
(b) to prescribe the percentage referred to in paragraph (a) of the definition of prescribed percentage

51. Prescribed fees paid not refundable
Any prescribed fee paid under this Ordinance is not refundable. 

52. Interpretation
In this Part—
*commencement date (生效日期) means the date on which this Ordinance comes into operation;
released GMO (已釋出的基因改造生物) means a GMO that was released into the environment before the commencement date;
transitional period (過渡期) means the 6-month period beginning on the commencement date.

Editorial Note:
* Commencement date: 1 March 2011.

53. Maintenance of lives of released GMOs during transitional period
During the transitional period, section 5 does not prohibit a person from knowingly maintaining the life of a released GMO that is in a state of being released into the environment.