### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

15. Restriction on possession or control of specimens of Appendix II species
(1) Subject to section 47, a person shall not have in his possession or under his control a specimen of an Appendix II species—
(a) except as provided in section 20, 21 or 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section 23(1)(e).
(2) A person who contravenes subsection (1) commits an offence and is liable— (Amended 7 of 2018 s. 14)
(a) on summary conviction—to a fine of $500,000 and to imprisonment for 1 year; or
(b) on conviction on indictment—to a fine of $1,000,000 and to imprisonment for 7 years. (Amended 7 of 2018 s. 14)

17. Import of pre-Convention specimens
A person may import a specimen of a scheduled species if, upon the landing of the specimen in Hong Kong—
(a) he produces, or causes to be produced, to an authorized officer a pre-Convention certificate, or a Convention certifying document containing the particulars required to be specified in a pre-Convention certificate, in respect of the specimen;
(b) an authorized officer has inspected the specimen to compare it with the particulars on that pre-Convention certificate or Convention certifying document and is satisfied that the particulars tally; and
(c) where a Convention certifying document is produced under paragraph (a), that person surrenders, or causes to be surrendered, to the authorized officer that document for retention and cancellation.
Note—For a specimen that is an elephant hunting trophy or elephant ivory, see section 2 of Schedule 4, which disapplies this section. (Added 7 of 2018 s. 16. Amended 7 of 2018 s. 16)

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

18. Import of specimens of Appendix II species
A person may import a specimen of an Appendix II species if, upon the landing of the specimen in Hong Kong—
(a) he produces, or causes to be produced, to an authorized officer a Convention certifying document or certificate in lieu in respect of the specimen, showing that—
(i) the specimen is not a live animal or plant of wild origin, nor is it a live animal or plant that shall be treated as a specimen of an Appendix II species under section 2(2); and
(ii) the species is not of a population included in Appendix I if the species is specified in both Appendix I and Appendix II;
(b) an authorized officer has inspected the specimen to compare it with the particulars on that Convention certifying document or certificate in lieu and is satisfied that the particulars tally; and
(c) that person surrenders, or causes to be surrendered, to the authorized officer that Convention certifying document or certificate in lieu for retention and cancellation.
Note—For a specimen that is an elephant hunting trophy or elephant ivory, see section 3 of Schedule 4, which disapplies this section. (Added 7 of 2018 s. 17)

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

19. Import of specimens of Appendix III species
(1) A person may import a specimen of an Appendix III species if, upon the landing of the specimen in Hong Kong—
(a) he produces, or causes to be produced, to an authorized officer—
(i) where the import is from a place specified in parentheses placed against the species in Appendix III, a Convention certifying document or certificate in lieu in respect of the specimen;
(ii) where the import is from a place that is not so specified in Appendix III and the specimen originates from such a place, a certificate of origin in respect of the specimen; or
(iii) in any other case, a certificate—
(A) that is issued in respect of the specimen by a relevant authority of the place from which the specimen is imported and remains in force when relied on to show compliance with this Ordinance; and
(B) that shows that the specimen was processed in that place, or has previously been taken into that place from another place;
(b) an authorized officer has inspected the specimen to compare it with the particulars on that Convention certifying document, certificate in lieu, certificate of origin, or the certificate referred to in paragraph (a)(iii), as the case may be, and is satisfied that the particulars tally; and
(c) that person surrenders, or causes to be surrendered, to the authorized officer the document referred to in paragraph (b) for retention and cancellation.
(2) In this section, certificate of origin (產地來源證明書), in relation to a specimen originating from a place outside Hong Kong, means a certificate—
(a) that is issued by a relevant authority of that place in respect of that specimen and remains in force when relied on to show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a certificate in Part 2 of Schedule 3.

20. Possession or control of pre-Convention specimens
A person may have in his possession or under his control a specimen of an Appendix I species or Appendix II species if he proves the following to the satisfaction of the Director—
(a) that he possesses a pre-Convention certificate in respect of the specimen;
(b) that the specimen was imported, or introduced from the sea, before 6 August 1976; or
(c) if the specimen was imported, or introduced from the sea, on or after that date, the import or introduction from the sea was not in contravention of any provision of the repealed Ordinance or this Ordinance, whichever was in force at that time.
Note—For a specimen that is elephant ivory, see section 9A of Schedule 4, which limits the application of this section to antique elephant ivory only. (Added 7 of 2018 s. 18)

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

21. Possession or control of specimens of Appendix II species
(1) A person may have in his possession or under his control a specimen of an Appendix II species if he proves the following to the satisfaction of the Director by documentary evidence or otherwise—
(a) that the specimen is not a live animal or plant of wild origin, nor is it a live animal or plant that shall be treated as a specimen of an Appendix II species under section 2(2); and
(b) that the species is not of a population included in Appendix I if the species is specified in both Appendix I and Appendix II.
(2) In subsection (1), documentary evidence (文件證據) includes but is not limited to a former licence, a certificate in lieu or other Convention certifying document.

22. Import, re-export and possession or control of specimens in transit
(1) A person may import, re-export or have in his possession or under his control a specimen of a scheduled species (other than a live animal) in transit if, upon the landing of the specimen in Hong Kong, he produces, or causes to be produced, to an authorized officer a Convention certifying document or certificate in lieu in respect of the specimen.
(2) A person may import, re-export or have in his possession or under his control a live animal of a scheduled species in transit if—
(a) upon the landing of the animal in Hong Kong, he produces, or causes to be produced, to an authorized officer a Convention certifying document or certificate in lieu in respect of the animal; and
(b) subject to subsection (3), at least 3 working days before the intended date on which the animal is to be brought into Hong Kong, the Director receives a notification made to him in writing—
(i) providing a description and the particulars of the animal;
(ii) stating the intended date on which the animal is to be brought into Hong Kong; and
(iii) where the animal is to be brought into Hong Kong by a vessel, vehicle, train or aircraft, providing particulars of the vessel, vehicle, train or aircraft so as to enable the Director to locate it immediately upon its arrival in Hong Kong.
(3) The Director may, by notice published in the Gazette, specify a number of working days in substitution for the number of working days referred to in subsection (2)(b) in respect of a scheduled species, either generally or for any purposes or by reference to any special circumstances.
(4) In this section, working day (工作天) means any day other than a public holiday or a black rainstorm warning day or gale warning day within the meaning of section 71 of the Interpretation and General Clauses Ordinance (Cap. 1).