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

7. Grant of licences
(1) On application made in such manner as the licensing authority may determine by the owner or charterer of any Hong Kong ship, or by the owner or charterer of any Hong Kong aircraft, or by the occupier of any factory situated in Hong Kong, and on payment of the applicable fee, the authority may grant to the applicant a licence in such form and subject to such conditions as the licensing authority may determine authorizing that ship, aircraft or factory to be used for the purpose of taking, towing or treating whales, as the case may require.
(2) A licence shall also contain such conditions as may be specified in regulations under section 13, and such regulations may specify different conditions for different classes of licence.
(3) A licence granted under this section shall, unless previously cancelled on the grounds of contravention of the conditions of the licence, continue in force for 1 year from the day specified therein as the day on which it takes effect, or for such shorter period beginning on that day as may be specified in the licence.
(4) The licensing authority shall refuse to grant a licence under this section if—
(a) the applicant has been convicted of an offence under this Ordinance; or
(b) in the opinion of the licensing authority a refusal is necessary in order to meet the obligations of the International Convention for the Regulation of Whaling signed at Washington on 2 December 1946.
[cf. 1934 c. 49 s. 5 U.K. & 1938 c. 30 s. 44 U.K.]

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

8. Breach of conditions
(1) If any condition attached to a licence under this Ordinance, except the condition referred to in subsection (2), is contravened, then in the case of a licence granted in respect of—
(a) a Hong Kong ship, the master, and the owner and the charterer (if any);
(b) a Hong Kong aircraft, the commander, and the owner and the charterer (if any); or
(c) a factory, the manager and the occupier,
are each liable on conviction to a fine at level 5, and the court by whom the offender is convicted may, if it thinks fit, cancel any licence granted to the offender under this Ordinance, being a licence which is for the time being in force in respect of the ship, aircraft or factory, as the case may be.
(2) A person who fails to keep any record in accordance with the conditions attached to a licence or knowingly makes, in any record which he is required by such conditions to keep, a statement false in any material particular, commits an offence and is liable on conviction to a fine at level 3.
[cf. 1934 c. 49 s. 6 U.K. & 1938 c. 30 s. 45 U.K. as amended by 1981 c. 29 s. 35(4) & (5) U.K.]

9. Permits to take and treat whales for scientific purposes
(1) Notwithstanding anything in this Ordinance, the relevant authority in the Central People’s Government may grant to any person a permit authorizing that person to kill, take and treat whales for the purposes of scientific research or for other exceptional purposes, subject to such restrictions as to the number, and subject to such other conditions, as the relevant authority in the Central People’s Government thinks fit, and the killing, taking or treating of whales in accordance with a permit in force under this section shall be exempt from the operation of the previous provisions of this Ordinance. (Amended 65 of 1999 s. 3) [cf. 1934 c. 49 s. 7 U.K.]
(2) In subsection (1), relevant authority in the Central People’s Government (中央人民政府有關當局) means the organ in the Central People’s Government from time to time responsible for whaling matters. (Added 65 of 1999 s. 3)

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

10. Powers of whale fishery inspectors
(1) For the purposes of enforcing the provisions of this Ordinance a whale fishery inspector, on producing on demand evidence of the fact that he is such an inspector may—
(a) board or enter any ship, aircraft or factory which he has reason to believe has been or is being used in contravention of this Ordinance, and inspect the ship, aircraft or factory and its plant and equipment;
(b) in respect of such a ship or aircraft require the master, the commander and the crew or any of them, and in respect of such a factory the occupier or manager and the employees therein or any of them, to produce all such licences, records and other documents as the inspector considers it necessary to inspect, and to answer all such inquiries as he considers it necessary to make; and
(c) take copies of, or extracts from, any documents produced to him.
(2) Any whale fishery inspector specially authorized in writing in that behalf by the Director of Agriculture, Fisheries and Conservation may go on board any Hong Kong ship or Hong Kong aircraft which is used for treating whales, and shall, during the period specified in his authority, be entitled to remain on board the ship or the aircraft, and to be present at all operations in connection with the treating of whales on board the ship or the aircraft, and to be provided with subsistence and accommodation on board the ship.
(3) The Director of Agriculture, Fisheries and Conservation shall, in respect of each day during which subsistence and accommodation on board a ship is provided in pursuance of subsection (2), pay to the master of the ship such sum as may be prescribed by regulations made by the licensing authority.
(4) Every person who without reasonable excuse refuses to produce to a whale fishery inspector any document which he is required under this section to produce, without reasonable excuse refuses to answer, or answers falsely, any inquiry duly made of him by such an inspector, or otherwise wilfully obstructs, or without reasonable excuse refuses facilities to, such an inspector in the discharge of his functions under this section, commits an offence and is liable on conviction to a fine at level 5.
(5) In this section whale fishery inspector (鯨業監察員) means any person appointed by the Director of Agriculture, Fisheries and Conservation to be such an inspector.
(Amended L.N. 331 of 1999)[cf. 1934 c. 49 s. 8 U.K. as amended by 1981 c. 29 s. 35(6) U.K.]

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

11. Improper use of documents
A person who—
(a) with intent to deceive, uses, or allows another person to use, a licence or permit granted under this Ordinance; or
(b) makes or has in his possession any document so closely resembling a licence or permit authorized by this Ordinance as to be calculated to deceive,
commits an offence and is liable on conviction to a fine at level 3.
[cf. 1934 c. 49 s. 9 U.K. as amended by 1981 c. 29 s. 35(5) U.K.]

12. Defence available to certain owners, charterers and occupiers
In any proceedings taken under this Ordinance against the master, owner or charterer of any ship, or against the commander, owner or charterer of any aircraft, or against the manager or occupier of any factory in respect of any act or omission on the part of another person, it shall be a defence for such person, as the case may be, to prove that the act or omission took place without his knowledge or connivance and was not facilitated by any negligence on his part.

13. Regulations
The Chief Executive in Council may make regulations for carrying out the purposes and provisions of this Ordinance including, without limiting the generality of the foregoing, regulations concerning— (Amended 65 of 1999 s. 3)
(a) lengths of whales;
(b) the manner in which lengths are to be measured;
(c) the procedure for applying for a licence under this Ordinance;
(d) fees in connection with an application for a licence; and
(e) the conditions to be attached to licences.
[cf. 1934 c. 49 s. 18 U.K.]