### Marine Fish (Marketing) By-laws 《海魚(統營)附例》

17. Identification of registered and nominee buyers
(1) The manager shall issue a badge of identity to each registered buyer, which shall be returned when the registered buyer ceases to be registered.
(2) A badge of identity shall not be transferable and no person who has been issued with a badge of identity shall permit or suffer it to be carried or used by any other person in a market:
Provided that—
(a) a registered buyer may permit or suffer a badge of identity issued to him to be carried and used in a market by his nominee buyers; and
(b) a corporation that is a registered buyer may permit or suffer a badge of identity issued to it to be carried and used in a market by its authorized representatives.

(3) A badge of identity issued to a registered buyer shall not be carried or used in a market by any person other than a registered buyer, or the nominee buyer of such registered buyer, or the authorized representative of a corporation that is a registered buyer.

18. Sales to be by way of auction
All sales of marine fish at a market shall be by way of auction, except where an alternative method of sale is authorized by the manager with the approval of the Organization.

19. Reserve prices in auctions
(1) If, before the bidding has commenced for any marine fish at an auction in a market, the seller or his agent informs the auctioneer and all other persons present at that time, he may place a reserve price on any marine fish to be sold.
(2) When a reserve price has been placed in accordance with paragraph (1) and in the bidding the reserve price is not reached, the auctioneer shall declare the fish not to be sold.

20. Cancellation of sales
The manager may, with the approval of the Organization, cancel any sale of marine fish made at a market.

21. Commission for sales
(1) There shall be payable to the Organization, for the services provided in respect of sales of marine fish at a market, a commission at the rate prescribed under paragraph (1A). (L.N. 114 of 1993)
(1A) The Organization may after consulting the Board prescribe, by notice published in the Gazette, the rate of commission payable under paragraph (1). (L.N. 114 of 1993)
(2) The commission may be deducted from the purchase price by the manager before payment is made to the seller.

22. Method of payment
(1) All payments for the purchase of marine fish at a market shall be made to the manager, who shall be responsible for payment to the seller.
(2) The manager may allow a registered buyer or a nominee buyer to make purchases on credit, subject to such terms and conditions as shall have been approved by the Organization.
(3) The manager may accept cash deposits from any registered buyer or nominee buyer for future purchases at a market.

### Marine Fish (Marketing) By-laws 《海魚(統營)附例》

23. Appeal to the Organization
(1) If any person is dissatisfied with any decision of the manager, acting in the exercise of his discretion under any of the following provisions—
(a) paragraph (1) of by-law 8;
(b) by-law 10;
(c) paragraph (3) of by-law 12;
(d) paragraph (2) of by-law 13; or
(e) by-law 15,
he may apply in writing to the Organization appealing against such decision and stating the grounds for his dissatisfaction.
(2) On receipt of an application under paragraph (1), the Organization shall cause such investigation to be made as may appear to be necessary in the circumstances, and if it thinks fit, appoint a place, time and day for hearing the application.
(3) The applicant may, if he so desires, be present at the hearing (if any) of an application under this by-law and be heard in its support either in person or by his representative.
(4) On determining the application, the Organization may confirm, vary, suspend or cancel the decision in question.

(5) If any person is dissatisfied with the determination of the Organization under this by-law, he may within fourteen days after notification by the Organization of its determination appeal to the Chief Executive in Council by way of petition, and the decision of the Chief Executive in Council shall be final. (65 of 1999 s. 3)

24. Offences and penalties
Any person who—
(a) contravenes paragraph (2) of by-law 8, by-law 9, or paragraph (2) or (3) of by-law 17;
(b) refuses to leave a market when ordered to do so by the manager under paragraph (1) of by-law 8;
(c) being the owner or person in charge of a vessel or vehicle, refuses to move such vessel or vehicle when required to do so by the manager under by-law 10;
(d) in a market, bids at an auction or purchases or attempts to purchase marine fish, when he is not authorized to do so under by-law 11;
(e) wilfully supplies any false information in an application for registration under by-law 12 or 13;
(f) wilfully supplies any false information for the purposes of obtaining credit under paragraph (2) of by-law 22;
(g) in a market, obstructs the manager or an employee of the Organization in the performance of his duties; or
(h) in a market, acts in a disorderly manner,
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1.
(E.R. 5 of 2022)

### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

1. Short title
This Ordinance may be cited as the Marine Fish (Marketing) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Board (委員會) means the Fish Marketing Advisory Board referred to in section 16; (Added 70 of 1992 s. 2)
Director (處長) means the Director of Marketing;
manager (經理) means—
(a) a person appointed by the Organization to be the manager of a market; and
(b) a person holding an office styled “senior market manager” (高級市場經理); (Added 34 of 1973 s. 2)

marine fish (海魚) means any fish or part thereof, whether fresh or processed, in any manner indigenous in sea water or partly in fresh water and partly in sea water, including any product derived therefrom, but excluding all crustaceans or molluscs and fish alive and in water;
market (市場) means a wholesale marine fish market conducted by the Organization; (Amended 34 of 1962 s. 2)
Organization (統營處) means the Fish Marketing Organization established under section 9;
wholesale (批發) means sale for re-sale, which includes the sale of marine fish intended for re-sale as part of a cooked meal.

3. Landing and sale of marine fish restricted
(1) Save with a permit in writing from the Director, or as otherwise provided by regulations, no marine fish may be landed other than at places specified by regulations and no marine fish may be sold, offered or exposed for sale or possessed for the purpose of sale, by wholesale, otherwise than at a market or otherwise than by way of re-sale following a sale at a market. (Amended 34 of 1962 s. 3)
(2) Any person who contravenes the provisions of subsection (1) commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 5 of 2022)
(Amended 8 of 1988 s. 2)