### Fisheries Protection Ordinance 《漁業保護條例》

7A. Stop and search without warrant
(1) If the Director or a fisheries inspector or authorized officer has reasonable grounds for suspecting that a person has committed or is about to commit an offence under this Ordinance, the Director, fisheries inspector or authorized officer may, without a warrant and on production of proof of identity—
(a) stop the person or, if the person is on board a vessel or raft, stop and board the vessel or raft, for the purposes of requiring that person to produce for inspection—
(i) proof of his or her identity;
(ii) any certificate of registration issued in respect of the vessel (if the person is on board a vessel);
(iii) any research fishing permit issued for the activity which the person has carried out or is about to carry out or intends to carry out;
(b) detain the person for a reasonable period for inquires about the suspected commission of the offence; or
(c) detain the vessel or raft which the Director, fisheries inspector or authorized officer is empowered by this section to detain in order to board and search until it has been searched.
(2) A person who without reasonable excuse—
(a) fails to give the person’s name and address or to produce the person’s proof of identity when required to do so under subsection (1);
(b) gives a false or misleading name or address; or
(c) fails to produce the certificate of registration or research fishing permit on request,

commits an offence and is liable on conviction to a fine at level 3.
(Added 13 of 2012 s. 12)

### Fisheries Protection Ordinance 《漁業保護條例》

7B. Arrest without warrant
(1) If the Director or a fisheries inspector or authorized officer has reasonable grounds for suspecting that a person has committed an offence under this Ordinance and it appears that service of a summons is impracticable because of any reason set out in subsection (2), the Director, fisheries inspector or authorized officer may arrest the person without a warrant.
(2) The reasons are—
(a) the name of the person is unknown to, and cannot readily be ascertained by, the Director, fisheries inspector or authorized officer;
(b) there are reasonable grounds for doubting whether a name given by the person as the person’s name is the person’s real name;
(c) the person has failed to give a satisfactory address for service; and
(d) there are reasonable grounds for doubting whether an address given by the person is a satisfactory address for service.
(3) For the purposes of subsection (1), the Director, fisheries inspector or authorized officer may use all means necessary to effect the arrest.
(4) If the Director or a fisheries inspector or authorized officer arrests a person under this section, the Director, fisheries inspector or authorized officer must as soon as possible take the person to the nearest police station or hand the person over to the custody of a police officer to be dealt with in accordance with the Police Force Ordinance (Cap. 232).
(Added 13 of 2012 s. 12)

7C. Obstruction, etc.
A person who without reasonable excuse—
(a) obstructs the Director or a fisheries inspector or authorized officer in the exercise of any power or the performance of any duty or function conferred or imposed on the Director, fisheries inspector or authorized officer under this Ordinance; or
(b) fails to comply with any instruction given under this Ordinance,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months.
(Added 13 of 2012 s. 12)

### Fisheries Protection Ordinance 《漁業保護條例》

8. Presumptions
(1) Any explosive or toxic substance found in the possession or control of any person engaged in fishing or in any vessel or in any premises or place used in whole or in part for the storage of fishing equipment or fish, shall be deemed, until the contrary is proved, to be possessed, stored or used for the purpose of fishing. 
(2) The master or other person in charge of any vessel or the person in control of any premises or place used in whole or in part for the storage of fishing equipment or fish in which any explosive or toxic substance is found shall be deemed, until the contrary is proved, to be in possession or control of such explosive or toxic substance for the purpose of fishing. 
(3) Where any vessel is found to have on board any explosive or toxic substance or any premises or place used in whole or in part for the storage of fishing equipment or fish is found to contain any explosive or toxic substance, any fish found in such vessel, premises or place shall, until the contrary is proved, be deemed to have been captured by means of such explosive or toxic substance. 
(4) Where any vessel is found to have on board any fish which has been killed, stupefied or otherwise injured by any explosive or toxic substance, such vessel shall, until the contrary is proved, be deemed to have been used for the capture of such fish by means of explosive or toxic substance.

9. Proof of cause of death, injury or stupefaction of fish
Where in any case the cause of death, injury or stupefaction of any fish is in question, a certificate purporting to be signed by an authorized officer shall be prima facie evidence in any court as to the cause of death, injury or stupefaction of the fish. 
(Amended 68 of 1987 s. 9)

11. General control on fishing
(1) No person may be engaged in fishing with the use or aid of a vessel in any area of the waters of Hong Kong, other than in a fish pond or reservoir, unless—
(a) the vessel is a registered vessel or an ancillary vessel of a registered vessel, and the fishing does not contravene section 15 and is in accordance with any conditions imposed under section 16;
(b) the person is so engaged under and in accordance with a valid research fishing permit and section 28 is not contravened; or
(c) the vessel is—
(i) a vessel in respect of which there is a valid operating licence; or
(ii) a vessel that is neither designed nor equipped to be used primarily for fishing,

and the fishing is an activity specified in Schedule 2.
(2) A person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

### Fisheries Protection Ordinance 《漁業保護條例》

12. Liability of owner, certificate holder, master, coxswain, permit holder or other person in charge of vessel
If a contravention of section 11 has taken place with the use or aid of a vessel, each of the following persons also commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months—
(a) the owner, certificate holder, master, coxswain, permit holder or other person in charge of the vessel if he or she was on board the vessel when the contravention was committed; and
(b) the owner, certificate holder or permit holder if he or she was not on board the vessel when the contravention was committed but knowingly permitted or assisted in the contravention.

13. Register of local fishing vessels
(1) The Director must keep a register of registered vessels for the purposes of this Ordinance.
(2) The register is to contain, in respect of every registered vessel—
(a) the name and address of the certificate holder and any other particulars or information of the certificate holder as the Director may consider necessary for the purposes of this Ordinance;
(b) the certificate of ownership number, engine power and maximum number of ancillary vessels (if any) of the vessel;
(c) the date of registration of the vessel under section 14;
(d) any conditions imposed under section 16; and
(e) any other vessel particulars or other information as the Director thinks fit.
(3) The register may be kept in a form the Director considers appropriate, including in a form other than a documentary form as long as the information recorded under subsection (2) is capable of being reproduced in a legible form.
(4) The register (including the names of certificate holders but no other particulars or information concerning them) is to be made available for inspection by any person at the headquarters of the Agriculture, Fisheries and Conservation Department during the hours when the office is normally open to the public.
(5) Copies of entries in the register as the Director may determine may be obtained from the Director.