### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

3A. Application to air transit or air transhipment cargo
(1) Regulation 3(1) does not apply in relation to a carcass or poultry product that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such carcass or poultry product is removed from the cargo transhipment area of Hong Kong International Airport, regulation 3(1) has effect as if this paragraph had not been enacted.
(2) Nothing in this regulation precludes the issue of a certificate under regulation 110 for the export of a carcass or poultry product that is air transit cargo or air transhipment cargo only because the carcass or poultry product has been removed from the cargo transhipment area of Hong Kong International Airport.
(3) In proceedings against a person for an offence under regulation 117(2) for a contravention of regulation 3(1), being proceedings—
(a) in relation to the export of a carcass or poultry product that is air transit cargo or air transhipment cargo; and
(b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the carcass or poultry product was removed from the cargo transhipment area of Hong Kong International Airport,
it is a defence for the person to show that he reasonably believed that such removal had not occurred.
(4) Where in any proceedings the defence provided by paragraph (3) involves an allegation that the commission of the offence was due to—
(a) the act or default of another person; or
(b) reliance on information given by another person,
the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of—
(i) the person who committed the act or default or gave the information; and
(ii) the act, default or information,
of which he is aware at the time he serves the notice.
(5) A person is not entitled to rely on the defence provided by paragraph (3) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—
(a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b) whether he had any reason to disbelieve the information.
(29 of 2000 s. 6)

4. Prohibition of use of premises as poultry export factory
No person shall use or permit the use of any premises as a poultry export factory unless there is in force in respect of such premises a licence.

### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

5. Grant of licence
(Adaptation amendments retroactively made - see 29 of 1998 s. 105)
(1) The Director may, subject to these regulations, grant a licence in respect of the premises referred to in the licence for use as a poultry export factory and may attach to the licence such conditions as he may see fit to impose.
(2) A licence shall be in the form prescribed in the Second Schedule and shall not be transferable.
(3) The Director shall not grant a licence unless he is satisfied that—
(a) the site of such premises is suitable for the establishment and maintenance thereon of a poultry export factory, having regard to all the circumstances and in particular to—
(i) the present use of land or premises near the site;
(ii) the availability of satisfactory electricity and potable water supplies and of a hygienic sewage disposal system capable of adequately serving the proposed poultry export factory; and
(iii) the requirements of these regulations and of any other enactment;
(b) the applicant has obtained all permits, approvals, consents and licences required under any enactment or Government lease in connection with the construction, reconstruction, alteration, adaptation and the use of the premises as the case may be, as a poultry export factory; (29 of 1998 s. 105)
(c) the premises if constructed, reconstructed, altered or adapted in accordance with any specifications, plans and diagrams delivered to him under paragraph (1) of regulation 6 and approved by him, will comply with these regulations;
(d) the premises—
(i) are suitable for use as a poultry export factory;
(ii) are clean and in a good state of repair; and
(iii) have not been constructed, reconstructed, altered, adapted or equipped otherwise than in accordance with these regulations and any specifications, plans and diagrams delivered to and approved by the Director in connection with the application for the licence;
(e) the equipment in the premises is in a good state of repair and in proper working order; and
(f) the applicant is a fit and proper person to be granted the licence.
(4) A licence shall—
(a) clearly identify the premises in respect of which it relates;
(b) bear a number which shall appear on every licence which may thereafter be granted under these regulations in respect of the premises to which the licence relates;
(c) bear the full name of the licensee; and
(d) remain in force until it is surrendered or revoked.

### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

6. Application for licence
(1) An application for a licence shall be made—
(a) by delivering to the Director—
(i) an application in writing in such form as the Director may require; and
(ii) such specifications, plans and diagrams of the proposed poultry export factory and the equipment to be installed therein as the Director may require; and
(b) by payment to the Director of a fee of three hundred dollars for the inspection of premises on the application for a licence.
(2) Every document delivered by the applicant to the Director under this regulation or pursuant to any requirements of the Director under these regulations shall be certified under the hand of the applicant as true and accurate.

### Poultry (Slaughtering for Export) Regulations 《家禽(屠宰供出口)規例》

7. Revocation of licences
(1) Subject to paragraph (2) the Director may revoke a licence—
(a) if the premises in respect of which the licence is granted are reconstructed, altered or adapted without the consent in writing of the Director; or
(b) if the grant of the licence has to any material extent been induced by a misrepresentation, whether fraudulent or innocent, made to the Director by or on behalf of the applicant for the licence;
(c) if the applicant failed to disclose to the Director any material fact relevant to the granting of the licence—
(i) of which the Director was not aware when the licence was granted; and
(ii) which, if it had been disclosed to the Director before the licence was granted might have caused the Director to withhold the grant of the licence;
(d) in the event of a contravention of these regulations or of the conditions of the licence—
(i) by the licensee; or
(ii) for the occurrence of which the licensee was, in the opinion of the Director, either wholly or partly responsible;
(e) in the event of the failure of the licensee to comply with any direction or requirement of the Director or an inspector under these regulations;
(f) if the licensee or, where the licensee is a corporation or firm, any director of the corporation or partner of the firm is convicted of—
(i) an offence triable on indictment which in the opinion of the Director renders the licensee unfit and not a proper person to continue to hold a licence;
(ii) an offence under these regulations; or
(iii) an offence under any other enactment in relation to the slaughter of poultry, or the processing, handling or storage of carcasses or poultry products.
(2) The Director shall not revoke a licence under paragraph (1) unless—
(a) he has first called upon the licensee to show cause within such reasonable period of time as the Director may allow, as to why the licence should not be revoked; and
(b) the licensee either fails within the time allowed to show cause or shows cause which, in the opinion of the Director, is inadequate.
(3) Upon the revocation of a licence under this regulation, the Director shall immediately cause to be served upon the licensee, either personally or by registered post, a notice in writing specifying the general grounds for the revocation.
(4) Failure to comply with paragraph (3) shall not affect the validity of the revocation of the licence.