### Plant (Importation and Pest Control) Ordinance 《植物(進口管制及病蟲害控制)條例》

11. Search for plant pests
(1) If it is made to appear by information on oath before a magistrate that there is reasonable cause to believe that any person has in his possession or charge or on his land or premises any plant pest, the magistrate may grant a warrant to the Director or an authorized officer to enter and search for and seize any plant pest or any plant or soil believed to be infected by or infested with a plant pest.
(2) Where under subsection (1) a person is authorized to search land or premises for any plant pest, he may—
(a) enter at any reasonable time and search the land or premises accordingly; and
(b) without further notice treat or destroy any plant pest or any plant or soil he believes to be infected by or infested with a plant pest in such manner as the Director may direct.
(3) The Director may recover the cost of any action taken under subsection (2)(b) as a debt due to the Government from the person in possession or in charge of the plant pest, plant or soil. (Amended 65 of 1999 s. 3)

12. Control of plant pests
(1) If the Director is satisfied that a plant pest exists in or has been introduced into Hong Kong, he may by notice direct any person who is the owner or in possession or custody of any plant or soil infected by or infested with such plant pest—
(a) to surrender the plant or soil to him without compensation; or
(b) to destroy the plant pest or take such other action as is necessary to prevent its spread.
(2) A notice under subsection (1) shall be in such form as may be specified by the Director and shall be deemed to be served on any person if it is delivered to him personally or left for him at his last known place of residence or business or sent by post in a letter addressed to him there.

13. Non-compliance with notice
(1) Where a notice served under section 12 is not complied with within 4 days after the day on which it was served the Director may take such steps as he thinks fit to destroy the plant pest or prevent its spread.
(2) The Director may recover the cost of any action taken under subsection (1) as a debt due to the Government from the person served with the notice. (Amended 65 of 1999 s. 3)

14. Declaration of quarantine area
The Director may, by order published in the Gazette, declare any area to be a quarantine area.

15. Prohibition of entry into quarantine area
(1) No person shall enter a quarantine area except in accordance with a permit issued by the Director or an authorized officer.
(2) Subject to section 16(3), no person shall move any plant, plant pest or soil into or away from a quarantine area except in accordance with a permit issued by the Director or an authorized officer.

### Plant (Importation and Pest Control) Ordinance 《植物(進口管制及病蟲害控制)條例》

16. Certain plants to be grown only in quarantine area
(1) The Director may, by order published in the Gazette, declare that such plants as he may specify shall, after importation, be grown or propagated only in a quarantine area.
(2) Any plant specified under subsection (1) which is imported shall be kept in a quarantine area until such time as the Director is satisfied that it is free from plant pests.
(3) Any person who has in his possession or charge or on his land or premises any plant specified under subsection (1), shall within 4 days of the date of the publication of the order referred to in that subsection take the plant to a quarantine area and deliver it to the officer in charge thereof.
(4) If any person who has in his possession or charge or on his land or premises any plant specified under subsection (1) contravenes subsection (3), the Director or an authorized officer may—
(a) at any reasonable time enter, without a warrant, the land or premises; and
(b) without further notice, seize the plant and cause it—
(i) to be removed and destroyed; or
(ii) to be removed and grown or propagated in a quarantine area.
(5) The Director may recover the cost of any action taken under subsection (4)(b) as a debt due to the Government from the person in possession or in charge of the plant. (Amended 65 of 1999 s. 3)
(6) The Director may charge such fees as may be prescribed in respect of the maintenance and treatment of plants which are grown or propagated in a quarantine area.

### Plant (Importation and Pest Control) Ordinance 《植物(進口管制及病蟲害控制)條例》

17. Conditions under which a plant or soil may be removed from a quarantine area
(1) Any plant or soil which has undergone quarantine and treatment and which, after examination by an authorized officer, is certified by him to be free from disease and plant pest may, when all fees and incidental expenses have been duly paid, be removed from the quarantine area on the issue by the Director or an authorized officer of a permit to remove the same.
(2) (a) Any plant or soil which is in a quarantine area and in respect of which a permit to remove the same has been issued shall be removed by the owner within 7 days from the day on which the permit to remove was issued.
(b) If such plant or soil is not removed or remains unclaimed after a period of 7 days from the day on which the permit to remove was issued, the Director or an authorized officer may direct that the plant or soil shall be destroyed or otherwise disposed of in such manner as he thinks fit without liability for compensation.
(3) (a) Where the Director or an authorized officer is satisfied that a plant or soil is diseased and cannot be successfully treated he shall serve a notice on the owner thereof informing him of his intention to destroy such plant or soil.
(b) The Director or an authorized officer may after 7 days of the service of the notice under paragraph (a) direct that the plant or soil shall be destroyed without liability for compensation.
(c) A notice under paragraph (a) shall be in such form as may be specified by the Director and shall be deemed to be served on the owner if it is delivered to him personally or left for him at his last known place of residence or business or sent by post in a letter addressed to him there.

18. The Government etc. not liable for damage etc. to plant in quarantine area
The Government, the Director and public officers shall not be liable—
(a) for any damage caused to any plant; or
(b) for the loss of any plant,
while the plant is being kept in, or being taken to or from, a quarantine area in accordance with this Part.
(Amended 65 of 1999 s. 3)