### Plant Varieties Protection Ordinance 《植物品種保護條例》

33. Right to appeal in person
(1) Notwithstanding any rule of law to the contrary, an appellant may begin and carry on an appeal in the court under this Part by a solicitor or in person.
(2) A person, being a body corporate, may begin and carry on an appeal in the court otherwise than by a solicitor by an officer or a director of the body corporate authorized in that behalf by a resolution of the board or committee of the body corporate.

34. Filing and notice of appeals
(1) Every appeal to the court under section 32 shall be made by—
(a) filing a notice of appeal in the prescribed form at the office of the Registrar of the High Court; and
(b) serving a copy of that notice of appeal on the Registrar.
(2) Where an appeal is begun or carried on by a person being a body corporate, by an officer or a director of the body corporate authorized in that behalf, a copy of the resolution referred to in section 33(2) shall be filed at the office of the Registrar of the High Court.
(Amended 25 of 1998 s. 2)

### Plant Varieties Protection Ordinance 《植物品種保護條例》

35. Advice to court as to technical or specialised matters
(1) If a court is satisfied whether or not on the application of any party to that appeal that any appeal under section 32 involves the consideration of technical or specialised matters, and that it would be desirable for a person with expert knowledge of those matters to be an adviser in relation to that appeal, the following provisions shall apply—
(a) the court shall consult the parties to the appeal as to a suitable person to be an adviser in relation to the appeal;
(b) if the court and those parties agree on a suitable person, the court shall appoint that person to be an adviser in relation to that appeal;
(c) if the court and those parties do not agree on a suitable person, the court may appoint to be an adviser in relation to that appeal any person the court thinks suitable; and
(d) an adviser appointed under this subsection shall sit with the court during the appeal, but shall have no power of decision in relation to the appeal.
(2) A court may appoint 1 or more adviser under subsection (1) in respect of a single appeal if satisfied that the nature of the technical or specialised matters concerned so warrants.
(3) No appointment of an adviser under subsection (1) shall, in any proceedings, be called into question on the grounds that the occasion for that appointment had not arisen or had ceased.
(4) Every adviser appointed under subsection (1) is entitled to receive such—
(a) remuneration by way of fees or allowances, for his services as an adviser; and
(b) payment of travelling allowances or expenses in respect of time spent travelling in connection with undertaking services,
as may be prescribed and any such remuneration or payment shall be charged on the general revenue.
(5) Subject to subsection (6) a court, after hearing an appeal under section 32, may—
(a) confirm the decision appealed against; or
(b) modify or reverse that decision or any part of it.
(6) Nothing in subsection (5) authorizes a court to review any decision of the Registrar, or any part of a decision of the Registrar, if no appeal has been made against that decision or part.

### Plant Varieties Protection Ordinance 《植物品種保護條例》

36. Procedure on appeal
In dealing with an appeal under this Part—
(a) a court may hear all evidence tendered and representations made by or on behalf of any party to that appeal that that court considers relevant to that appeal, whether or not that evidence would be otherwise admissible in that court;
(b) subject to sections 33 to 35 and to paragraph (a), the Rules of the High Court (Cap. 4 sub. leg. A) shall apply to that appeal; and (Amended 25 of 1998 s. 2; E.R. 1 of 2022)
(c) except as provided in this Part, a court shall determine its own procedure in relation to the determination of that appeal.

37. Suspension of decision while appeal pending
Where any person has appealed against any decision of the Registrar, the operation of that decision shall be suspended until the appeal concerned has been finally disposed of.

38. Falsification of applications
(1) Any person who, in an application or in an attachment to an application, furnishes or supplies with intent to deceive any false or misleading information commits an offence.
(2) Any person who falsely represents that any person is the owner of a protected variety or that any person has applied for a grant in respect of any variety knowing or having reason to believe that the representation is false, commits an offence.
(3) Any person who commits an offence under this section is liable on conviction to a fine at level 6.

39. Falsely representing plant variety right as registered
Any person—
(a) who falsely represents that a plant variety right is a registered plant variety right;
(b) selling material of a variety who falsely represents that—
(i) that variety is a protected variety or a variety in respect of which an application has been made; or
(ii) that variety is material of some other variety being a variety that is a protected variety or a variety in respect of which an application has been made,
knowing or having reason to believe that the representation is false commits an offence and is liable on conviction to a fine at level 6.

40. Misuse of denomination on sale of reproductive material
Any person who wilfully or negligently sells reproductive material otherwise than in compliance with the requirements of section 30 commits an offence and is liable on conviction to a fine at level 6.

### Plant Varieties Protection Ordinance 《植物品種保護條例》

41. Hours of business and business days
(1) The Registrar may give directions in writing specifying the hours of business of his office for the purpose of the transaction by the public of business under this Ordinance and the days which are business days for that purpose.
(2) Business done on any day after the specified hours of business, or on a day which is not a business day, shall be deemed to have been done on the next business day; and where the time for doing anything under this Ordinance expires on a day which is not a business day, that time shall be extended to the next business day.

42. Regulations
(1) The Secretary for Environment and Ecology may make regulations— (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) for the purposes of this Ordinance authorizing the making of regulations with respect to any matter;
(b) for prescribing anything authorized or required by this Ordinance to be prescribed; and
(c) generally for regulating practice and procedure under this Ordinance.
(2) Without affecting the generality of subsection (1), regulations made under this section may make provision—
(a) as to the manner of filing of applications and other documents and in respect of anything that is to accompany or be furnished together with any application;
(b) as to the procedure to be followed in connection with any application or request to the Registrar or in connection with any proceedings before the Registrar, and authorizing the rectification of irregularities of procedure;
(c) providing for the testing and treatment of plant varieties to which applications relate;
(d) requiring and regulating the translation of documents and the filing and authentication of any translation;
(e) as to the service of documents;
(f) prescribing time limits for anything required to be done under this Ordinance;
(g) providing for the extension of any time limit so prescribed, or specified by the Registrar, whether or not it has already expired;
(h) providing for the forfeiture of any priority given in respect of an application;
(i) prescribing a form for appeals under Part IV;
(j) authorizing the preparation, publication, sale, and exchange of copies of diagrams, photographs, and documents at the office of the Registrar, and of indexes to and abridgments to them;
(k) prescribing the mode of publishing any matters required by this Ordinance to be published;
(l) prescribing the requirements to be met in selecting the denomination of varieties, and providing for the approval, rejection, or amendment of any denomination by the Registrar;
(m) prescribing fees and charges for anything authorized by this Ordinance.
(3) No allowance, expense, fee or charge shall be prescribed under this section without the consent of the Financial Secretary.