### Marine Fish (Marketing and Exportation) Regulations 《海魚(統營和輸出)規例》

4D. Issue, form and cancellation of export permit
(1) On the receipt of an application under regulation 4C, the Director shall either—
(a) issue an export permit (in such form as he may specify) to the applicant; or
(b) notify the applicant in writing of his refusal to issue an export permit.
(2) The Director may refuse to issue an export permit if—
(a) the applicant is not a registered buyer under the Marine Fish (Marketing) By-laws (Cap. 291 sub. leg. B);
(b) the application does not comply with regulation 4C; or
(c) the Director considers that—
(i) the exportation of the specified fish in respect of which the application is made, whether of itself or having regard to the exportation of other fish, may adversely affect either the supply or the price of the specified fish for the local market; or
(ii) for any reason, it would be contrary to the public interest to grant the application.
(3) Where the Director cancels an export permit, he shall notify the holder in writing of the cancellation and of the reasons for the cancellation.
(4) An export permit shall not be transferable and shall not be capable of being transmitted by operation of law except on the death of the holder of the permit.
(L.N. 115 of 1976)

### Marine Fish (Marketing and Exportation) Regulations 《海魚(統營和輸出)規例》

4E. Production of export permit to designated officer; powers of designated officer
(1) The holder of an export permit shall produce his permit to a designated officer—
(a) at the time when, or immediately before, the specified fish to which the export permit relates is loaded on board the vessel, aircraft or vehicle on which it is to be carried; and
(b) whenever he is required by such an officer to produce the export permit for inspection.
(2) If on production of an export permit under subregulation (1)(a), a designated officer is satisfied that the fish which is to be exported accords with the description of the specified fish in the export permit, he shall cancel the export permit to the extent of the quantity of fish being exported. (L.N. 150 of 2014)
(3) If a designated officer has reason to believe that any specified fish is about to be exported from Hong Kong on any vessel, aircraft or vehicle in contravention of regulation 4B, he may direct the owner of the vessel, aircraft or vehicle to prevent the fish from being loaded thereon or, if the fish has already been so loaded, to cause it to be removed from the vessel, aircraft or vehicle.
(4) Without prejudice to section 10 of the Import and Export Ordinance (Cap. 60), the owner of a vessel, aircraft or vehicle on which specified fish is to be exported shall not—
(a) cause or permit the fish to be loaded thereon without ensuring that—
(i) an export permit has been issued in respect of the fish; and
(ii) the export permit has been cancelled in accordance with subregulation (2); or
(b) without reasonable excuse, fail to comply with a direction given under subregulation (3). (L.N. 150 of 2014)
(5) The Director may designate—
(a) any officer of the Agriculture, Fisheries and Conservation Department; or (L.N. 331 of 1999)
(b) with the concurrence of the Commissioner of Customs and Excise—
(i) any member of the Customs and Excise Service; or
(ii) any public officer who is authorized for the purposes of the Import and Export Ordinance (Cap. 60) by the Commissioner of Customs and Excise under section 4 of that Ordinance,
to be a designated officer for the purposes of this regulation. (40 of 1985 s. 10)
(L.N. 115 of 1976)

### Marine Fish (Marketing and Exportation) Regulations 《海魚(統營和輸出)規例》

4F. Appeals to Chief Executive in Council
Any person aggrieved by—
(a) a decision of the Director on an application for the issue of an export permit;
(b) the cancellation of an export permit; or
(c) the exercise by a designated officer of any of the powers conferred by regulation 4E,
may, within 21 days, or such further period as the Chief Executive may allow in any particular case, appeal by way of petition to the Chief Executive in Council.
(L.N. 115 of 1976; 65 of 1999 s. 3)

4G. Offences and penalties
Any person who—
(a) contravenes regulation 4B or 4E(1) or (4); or
(b) makes any statement in an application under regulation 4C for an export permit which to his knowledge is false or misleading in a material particular,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(L.N. 115 of 1976; L.N. 72 of 1988; E.R. 5 of 2022)

5. Offences
Any person who—
(a) incites any other person to abstain from selling or purchasing marine fish or intimidates any other person with the intention of causing such person to abstain from selling or purchasing marine fish; or (33 of 2003 s. 5)
(b) contravenes regulation 3, (33 of 2003 s. 5)
(c)-(d) (Repealed 33 of 2003 s. 5)commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(L.N. 72 of 1988; E.R. 5 of 2022)

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

1. Citation
These by-laws may be cited as the Marine Fish (Marketing) By-laws.

2. Interpretation
In these by-laws, unless the context otherwise requires—
ancillary establishment (附屬機構) means any establishment conducted by the Organization, other than a market or depot;
authorized representative (獲授權代表), in relation to a corporation, means a person appointed in writing by the corporation to represent it either generally or for a particular purpose;
badge of identity (身分證章) means any means of identity issued by the manager under by-law 17 for the purpose of identifying registered and nominee buyers at a market;
corporation (法團) means any person or body of persons incorporated by virtue of any Ordinance of Hong Kong, and also means any company registered under the Companies Ordinance (Cap. 622) or under a former Companies Ordinance as defined by section 2(1) of the Companies Ordinance (Cap. 622); (65 of 1999 s. 3; 28 of 2012 ss. 912 & 920)
depot (收集站) means a depot conducted by the Organization;
manager (經理) means the person appointed by the Organization to be the manager of a market;
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;
nominee buyer (代名買家) means a person whose name is entered on the register in accordance with subparagraph (b) of paragraph (1) of by-law 14;
Organization (統營處) means the Fish Marketing Organization established under section 9 of the Ordinance;
person (人) includes a corporation but does not include an unincorporated body of persons;
register (登記冊) means the register which is required to be maintained under by-law 14;
registered buyer (登記買家) means a person whose name is entered on the register in accordance with subparagraph (a) of paragraph (1) of by-law 14.

3. Delegation of powers of manager
The manager may, with the approval of the Organization, in writing, delegate to any employee of the Organization, either generally or for any particular occasion and by name or by reference to a particular post, such of his powers and functions under these by-laws as he considers necessary:
Provided that no delegation made hereunder shall preclude the manager from exercising or performing at any time any of the powers or functions so delegated.