### Whaling Industry (Regulation) Ordinance 《捕鯨業(規管)條例》

1. Short title
This Ordinance may be cited as the Whaling Industry (Regulation) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
aircraft (飛機) includes any machine which can derive support in the atmosphere from the reactions of the air and is intended for aerial navigation;
commander (機長) in relation to an aircraft, means the member of the flight crew so designated by the operator thereof or, if no such person is designated, the person who is the pilot in command;
Hong Kong aircraft (香港飛機) means an aircraft registered in Hong Kong;
Hong Kong ship (香港船舶) means a ship registered in Hong Kong;
licence (牌照) means a licence issued under section 7(1);
licensing authority (發牌當局) means the Secretary for Environment and Ecology; (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
master (船長) in relation to any ship, includes the person for the time being in command or charge of the ship and, in relation to a ship used for treating whales, includes the person for the time being in charge of the operations on board the ship in connection with such treatment;
ship (船舶) has the same meaning as in the Merchant Shipping (Registration) Ordinance (Cap. 415);
treating (加工處理) a whale includes storage for the purpose of treatment;
whale products (鯨類產品) includes any unprocessed part of a whale and blubber, meat, bones, whale oil, sperm oil, spermaceti, meal, baleen and other items derived from whales.

3. Prohibition of catching or treating whales within the waters of Hong Kong
(1) The master of any ship which is used within the waters of Hong Kong for taking, towing or treating whales, commits an offence and is liable on conviction on indictment to a fine not exceeding $500,000.
(2) The commander of an aircraft which is used over the waters of Hong Kong for taking or towing whales, commits an offence and is liable on conviction on indictment to a fine not exceeding $500,000.

### Whaling Industry (Regulation) Ordinance 《捕鯨業(規管)條例》

4. Protection for certain categories of whales
(1) If any person on board or belonging to a Hong Kong ship or Hong Kong aircraft, while outside the waters of Hong Kong, kills or takes—
(a) a right whale or a grey whale;
(b) an immature whale; or
(c) a female whale which is accompanied by a calf,
that person, and the master of the ship or the commander of the aircraft, as the case may be, and the owner and the charterer (if any) of the ship or aircraft, each commit an offence and are liable—
(i) on conviction on indictment to a fine not exceeding $500,000; and
(ii) to an additional fine not exceeding the value of any whale products obtained or obtainable from the whale in question.
(2) For the purposes of this section a whale of any description shall be deemed to be immature if it is less than such length as may be prescribed in relation to whales of that description.
(3) The length prescribed for the purposes of this section in relation to blue whales shall not be less than 18.3 metres, and the length so prescribed in relation to fin whales shall not be less than 15.2 metres.
(4) In this section—
blue whales (白長鬚鯨) means whales known by any of the names set out in Part II of the Schedule;
calf (幼鯨) includes a suckling whale;
fin whales (長鬚鯨) means whales known by any of the names set out in Part III of the Schedule;
grey whale (黑鯨) means a whale known by any of the names set out in Part IV of the Schedule; (Amended E.R. 3 of 2022)
right whale (脊美鯨) means a whale known by any of the names set out in Part I of the Schedule. (Amended E.R. 3 of 2022)
(Amended E.R. 3 of 2022)(5) The Secretary for Environment and Ecology may by notice published in the Gazette amend the Schedule. (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

### Whaling Industry (Regulation) Ordinance 《捕鯨業(規管)條例》

5. Description of whales to which sections 6 to 8 apply
(1) In their application to a ship or aircraft registered in Hong Kong, or a factory situated in Hong Kong, sections 6 to 8 shall have effect as if references to whales were references only to whales known as whalebone whales (or baleen whales), sperm whales, spermaceti whales, cachalots or pot whales, but the Secretary for Environment and Ecology may by order published in the Gazette direct that those references shall include any description of whale specified in the order, other than a description of whale referred to in section 4. (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(2) An order under subsection (1) may provide that in its application by virtue of the order, this Ordinance shall have effect with such exceptions, adaptations or modifications as may be specified in the order.
[1934 c. 49 s. 1 U.K. as substituted by 1981 c. 29 s. 35(2) U.K.]

### Whaling Industry (Regulation) Ordinance 《捕鯨業(規管)條例》

6. Whaling ships, aircraft and factories to be licensed
(1) Subject to section 9 and without prejudice to section 4, it shall be an offence—
(a) outside the waters of Hong Kong for any Hong Kong ship or Hong Kong aircraft to be used to take, tow or treat whales; or
(b) for any factory situated in Hong Kong to be used for treating whales,
unless the owner or charterer of the ship or aircraft, or the occupier of the factory, as the case may be, is the holder of a licence granted under section 7(1) authorizing the ship, aircraft or factory to be used for such activity.
(2) In the event of any contravention of this section—
(a) in respect of a Hong Kong ship, the master, the owner and the charterer (if any);
(b) in respect of a Hong Kong aircraft, the commander, the owner and the charterer (if any); or
(c) in respect of a factory, the manager and the occupier,
each commit an offence and are liable on conviction on indictment, for each whale taken, towed or treated in contravention of this section—
(i) to a fine not exceeding $500,000; and
(ii) to an additional fine not exceeding the value of any whale products obtained or obtainable from the whale.
(3) In the event of a conviction under this section the court may order the forfeiture of any whale carcass or whale products the subject of the contravention. Where the court makes an order of forfeiture, it may, if it thinks fit, give directions for the destruction or disposal of any such forfeited items by the Director of Agriculture, Fisheries and Conservation. (Amended L.N. 331 of 1999)
[cf. 1934 c. 49 s. 4 U.K. as amended by 1981 c. 29 s. 35(3) U.K.]