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

4. Regulations
(1) The Chief Executive in Council may by regulation provide for— (Amended 65 of 1999 s. 3)
(a) the prohibition or restriction of the use of explosives for the purpose of fishing;
(b) the prohibition or restriction of the use of toxic substances for the purpose of fishing;
(c) the prohibition or restriction of the taking of any variety of fish, or fish of any size, from the waters of Hong Kong; (Amended 68 of 1987 s. 5)
(d) the prohibition or restriction of the use of any specified kinds of net or of nets having a mesh of any specified size for the purpose of fishing;
(e) the conservation of oysters and oyster beds;
(f) the prohibition or restriction of the collection, removal or destruction of any variety of fish spawn or turtle eggs;
(g) the protection of spawning areas;
(ga) the prohibition or restriction of the use of any apparatus of a class or description specified under paragraph (gb), for the purpose of fishing; (Added 36 of 1998 s. 2)
(gb) the specification by the Director, by notice published in the Gazette, of the class or description of apparatus for the purposes of paragraph (ga); (Added 36 of 1998 s. 2)
(h) generally, the protection or regulation of fishing.
(2) Regulations made under this Ordinance may provide that contravention of any provision of the regulations constitutes an offence and may prescribe penalties therefor not exceeding $200,000 and imprisonment for 6 months. (Amended 68 of 1987 s. 5; 36 of 1998 s. 2; 13 of 2012 s. 6)

4A. Orders
The Secretary may, by order published in the Gazette—
(a) designate any area of the waters of Hong Kong to be a fisheries protection area to promote the conservation and management of marine and fisheries resources; and
(b) appoint a person to be the Authority for the purposes of this Ordinance.
(Added 13 of 2012 s. 7)

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

4B. Management and control of fishing in fisheries protection areas
(1) The Authority may make rules for the management and control of fishing in any fisheries protection area, including but not limited to the specification of any zone within any fisheries protection area and the prohibition of any fishing in the specified zone.
(2) Any rules made under this section may provide that any contravention of any provision of the rules constitutes an offence and may prescribe penalties for the contravention not exceeding a fine of $200,000 and imprisonment for 6 months.
(3) A provision of a regulation made under section 4 is to prevail over any inconsistent provision of a rule made under this section.
(Added 13 of 2012 s. 7)

5. Power of search and seizure
(1) If a magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that—
(a) any vessel, raft or impoundment within the waters of Hong Kong; or
(b) any premises or place,

is being or has been used in connection with any offence under this Ordinance, the magistrate may issue a search warrant.
(2) A search warrant issued under subsection (1) may authorize the Director or any fisheries inspector or authorized officer to—
(a) board and search the vessel or raft, or enter and search the impoundment, premises or place; and
(b) seize, remove and detain the raft or any thing which the Director, fisheries inspector or authorized officer reasonably suspects to be, or to contain, evidence of the commission of such an offence.
(3) The Director or a fisheries inspector or authorized officer may exercise any of the powers referred to in subsection (2) without a search warrant issued under this section if—
(a) there are reasonable grounds for suspecting that any vessel, raft, impoundment, premises or place is being or has been used in connection with any offence under this Ordinance; and
(b) it would not be reasonably practicable to obtain the search warrant in respect of the vessel, raft, impoundment, premises or place before exercising those powers.
(Replaced 13 of 2012 s. 9)

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

6. Forfeiture of things in respect of which offences are committed
(1) Where a magistrate is satisfied that an offence against this Ordinance has been committed in respect of any fish or any other article or thing seized under the provisions of section 5, whether or not any person has been convicted in respect of such offence, the magistrate shall order such fish or other article or thing to be forfeited to the Government. (Amended 65 of 1999 s. 3) 
(2) Notwithstanding anything contained in subsection (1), where any fish or perishable thing is seized under section 5, the Director or any authorized officer may cause the fish or thing to be sold or otherwise disposed of prior to application being made for the forfeiture thereof, and the proceeds thereof retained in lieu, and if in any such case the magistrate, upon such application for forfeiture being made, is not satisfied that an offence against this Ordinance has been committed in respect thereof, upon application made by any person claiming to be the owner of the fish or thing he shall, if he is satisfied as to the validity of the claim, order such proceeds to be paid to the claimant, but where no claim is made or the magistrate is not satisfied as to the validity of any claim, the proceeds shall be paid into the general revenue. (Amended 68 of 1987 s. 7; 13 of 2012 s. 10) 
(3) For the purposes of this section—
proceeds (售賣得益) means sale price less any commission or fee payable in respect of such sale.

7. Seizure and forfeiture of things used for the commission of offences
Whenever it is lawful under this Ordinance for the Director or any fisheries inspector or authorized officer to seize and retain any fish or other article or thing, it shall be lawful— (Amended 68 of 1987 s. 8; 13 of 2012 s. 11) 
(a) to seize and retain—
(i) any receptacle other than a vessel or vehicle in which such fish or other article or thing is contained; 
(ii) any machinery other than the propellant machinery of a vessel or vehicle, implement, utensil, material or substance used for the commission of any offence against this Ordinance; and 
(iii) any books or documents which appear to him to contain evidence that an offence has been or is about to be committed against this Ordinance; and 
(b) to direct any vessel or vehicle in which any thing referred to in paragraph (a) is seized to proceed to such port or place as may be convenient for unloading from the vessel or vehicle anything seized thereon and may then detain the vessel or vehicle for such time as may reasonably be required to effect the unloading.