### Dairies Regulations 《奶場規例》

32. Certificate of analysis or bacteriological examination
(1) Where a sample is submitted to the public analyst under regulation 31, he shall—
(a) as soon as practicable, carry out or cause to be carried out under his direction, an analysis or bacteriological or other examination of such sample; and
(b) give to the inspector by whom the sample was submitted a certificate in respect of the results of the analysis or bacteriological or other examination in the form specified in the Schedule.
(2) A document referred to in paragraph (1) may be signed by the public analyst when any analysis or bacteriological or other examination has been made by a person acting under his supervision and direction and the public analyst is satisfied as to the analysis or bacteriological or other examination.
(L.N. 407 of 1990)

33. Evidence of analysis or bacteriological examination
In any proceedings under these regulations, a document—
(a) produced by the prosecution purporting to be a certificate given by the public analyst under regulation 32 in the form specified in the Schedule; or
(b) supplied to the defendant by the prosecution, purporting to be a copy of such a certificate,
shall be admissible in evidence—
(i) as prima facie evidence of the facts stated therein; and
(ii) as having been signed by the person whose signature appears thereon, unless the contrary is proved,
unless in the case referred to in subparagraph (a) the prosecution or the defendant requires that the public analyst shall be called as a witness.
(L.N. 407 of 1990; E.R. 2 of 2019)

### Dairies Regulations 《奶場規例》

34. Proceedings on summons
(1) In any proceedings in respect of an offence under these regulations—
(a) the relevant summons shall not be made returnable sooner than 14 days after the day on which it is served;
(b) if the prosecution intends to produce a certificate given by the public analyst under regulation 32, a copy of that certificate shall be served with such summons; and
(c) if the defendant intends to require the person purporting to have signed the certificate to be called as a witness, he shall, not less than 3 clear days before the day on which the summons is returnable, give the prosecution notice of his intention.
(2) Where paragraph (1)(b) is not complied with, the court or magistrate may—
(a) order an adjournment on such terms, if any, as it or he thinks fit;
(b) exclude the certificate; or
(c) admit the certificate subject to such terms and conditions, if any, as it or he thinks fit.
(3) Where paragraph (1)(c) is not complied with, the court or magistrate may—
(a) order an adjournment on such terms, if any, as it or he thinks fit; or
(b) admit the certificate subject to such terms and conditions, if any, as it or he thinks fit.
(L.N. 407 of 1990)

35. Presumption as to human consumption
In any proceedings relation to the contravention of regulation 23(1)(b) or (2)(b), milk that is sold from or kept in the dairy shall be presumed, unless the contrary is proved, to have been sold or to be intended for sale for human consumption.
(L.N. 407 of 1990)

### Importation of Equines (Prohibition) Order 《馬科動物進口(禁止)令》

1. Citation
This Order may be cited as the Importation of Equines (Prohibition) Order.

2. Importation, etc., of equines from any country in Asia prohibited
The importation into Hong Kong or transhipment within Hong Kong of equines from any country in Asia is prohibited except under and in accordance with a permit in that behalf previously obtained and issued by the senior veterinary officer.
(65 of 1999 s. 3)

### Public Health (Animals and Birds) Ordinance 《公眾衞生(動物及禽鳥)條例》

1. Short title
This Ordinance may be cited as the Public Health (Animals and Birds) Ordinance.

### Public Health (Animals and Birds) Ordinance 《公眾衞生(動物及禽鳥)條例》

5. Movements of animals and birds with regard to infected areas
(1) Whenever it appears to the Chief Executive, after such inquiry as he may consider necessary, that any disease exists among animals or birds in Hong Kong or in any part of Hong Kong, he may by notification in the Gazette issue an order to regulate the movements of any animals and birds within such areas as he may define in such order, and to prohibit any animal or bird being taken into or removed from such area. Every such area shall be deemed an infected place. (Amended 20 of 1948 s. 4; L.N. 162 of 1993; 65 of 1999 s. 3)
(2) Any person who contravenes any of the provisions of an order issued under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (Added 4 of 1967 s. 5. Amended L.N. 389 of 1981; E.R. 5 of 2021)

### Public Health (Animals and Birds) Ordinance 《公眾衞生(動物及禽鳥)條例》

7. Retention for observation by order of the Director
The Director may, notwithstanding anything in this Ordinance, retain and reserve for observation or treatment any animal or bird liable to be slaughtered under this Ordinance, but in every such case compensation shall be payable as in the case of actual slaughter.
(Amended 17 of 1956 s. 2)

8. Seizure of animals for contravention of regulations
The senior veterinary officer, or any person acting under his direction, may seize any animal, bird or thing dealt with in contravention of this Ordinance or of any regulation thereunder, and may order the forfeiture of such animal, bird or thing, and the same shall thereupon be destroyed, sold or otherwise disposed of as the senior veterinary officer may direct.
(Amended 17 of 1956 ss. 2 & 7)

9. No compensation in case of forfeiture
No compensation shall be paid in respect of any animal, bird or thing forfeited under this Ordinance or any regulation thereunder, and such forfeiture shall not prejudice or avoid any prosecution for breach of this Ordinance or any regulation.
(Amended 17 of 1956 s. 2)

9A. Notice of intention to exhibit a wild animal or wild bird
(1) Any person who intends to exhibit any wild animal or wild bird on premises to which the public are to be admitted shall, prior to the exhibition of the wild animal or wild bird, give notice in writing to the Director of his intention to exhibit the wild animal or wild bird, and such notice shall specify the kind of wild animal or wild bird which he intends to exhibit and the premises on which he intends to exhibit the wild animal or wild bird.
(2) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (Amended L.N. 389 of 1981; E.R. 5 of 2021)
(Added 4 of 1967 s. 6)