### Marine Fish Culture Ordinance 《海魚養殖條例》

7. Prohibition of fish culture outside fish culture zones
(1) Subject to subsection (2), no person shall engage in fish culture within the waters of Hong Kong outside a fish culture zone.
(2) This section shall not apply to—
(a) fish culture for the purposes of scientific research; and
(b) the maintenance of fish in captivity for purposes other than the propagation or promotion of growth of such fish.
(3) Any person who contravenes this section commits an offence.

8. Grant of licences and renewal thereof
(1) Subject to this Ordinance, the Director may grant to any person, a licence, and renew such licence, to engage in fish culture within a fish culture zone.
(2) The form of application for the grant or renewal of a licence and the form of the licence shall be specified by the Director.
(3) A licence may be granted, and may be renewed, upon payment of the prescribed fee and subject to such conditions as the Director thinks fit. (Amended 13 of 2002 s. 3)
(4) The Director shall specify in a licence—
(a) the site in respect of which the licence is valid;
(b) the area of the rafts or impoundments permitted under the licence; and
(c) the conditions to which the licence is subject.
(5) (Repealed 13 of 2002 s. 3)(6) The Director may refuse to grant or renew a licence if it appears to him—
(a) that, having regard to the size or location of a fish culture zone, the grant or renewal of a licence would cause overcrowding of the fish culture zone or would otherwise not be in the best interests of fish culture;
(b) that any raft or impoundment used or to be used by the applicant for the purpose of fish culture does not comply with any of the provisions of this Ordinance or any regulations made thereunder.
(7) Where the Director refuses to grant or renew a licence under subsection (6) he shall send to the applicant a notice of the refusal and state in the notice the reasons for the refusal.

### Marine Fish Culture Ordinance 《海魚養殖條例》

8A. Transfer of licences
(1) A licence shall not be transferred except as provided in this section.
(2) An application for the transfer of a licence shall be—
(a) made to the Director by the licensee in such form and manner as the Director may specify; and
(b) accompanied by the prescribed fee.
(3) The Director may determine an application under subsection (2) by—
(a) approving the transfer of the licence to the intended transferee subject to such reasonable variation of the conditions of the licence as the Director thinks fit; or
(b) refusing to approve the transfer of the licence—
(i) on any ground specified in section 8(6) which would have entitled him to refuse to grant or renew a licence;
(ii) on the ground that the licensee has contravened any provision of this Ordinance or any regulation made under this Ordinance or any conditions of the licence, as the case may be;
(iii) if the licence was held by the licensee for less than 2 years;
(iv) in the case where the intended transferee is or was a holder of a licence, on the ground that the intended transferee has contravened any provision of this Ordinance or any regulation made under this Ordinance or any conditions of the licence mentioned in this subparagraph, as the case may be;
(v) if the Director reasonably concludes that false or misleading information was furnished by the licensee or the intended transferee in connection with the application.
(4) Where the Director refuses to approve the transfer of a licence under subsection (3)(b), he shall send to the licensee a notice of the refusal and state in the notice the reasons for the refusal.
(5) A licence the subject of an application under subsection (2) (including a licence to which subsection (6) applies) shall continue in force against the licensee unless and until the licence is transferred to the intended transferee under subsection (3)(a).
(6) Where but for this subsection a licence the subject of an application under subsection (2) would expire before the determination of the application under subsection (3), then the licence shall continue in force according to its terms and conditions until—
(a) the application is withdrawn;
(b) the licence is cancelled under section 9; or
(c) the determination of the application under subsection (3),
whichever first occurs.
(Added 13 of 2002 s. 4)

### Marine Fish Culture Ordinance 《海魚養殖條例》

9. Cancellation of licences
(1) The Director may cancel a licence—
(a) on any ground specified in section 8(6) which would have entitled him to refuse to grant or renew a licence;
(b) on the ground that the licensee has—
(i) contravened any of the provisions of this Ordinance or any regulations made thereunder;
(ii) contravened his licence;
(iii) failed or is unable or incompetent to carry out the purposes of his licence; or
(iv) failed to provide adequate management or supervision of any raft or impoundment in respect of which the licence is valid.
(2) Where the Director cancels a licence under subsection (1) he shall, where practicable, send to the person who was the holder of the licence a notice of the cancellation and state in the notice the reasons for the cancellation.

10. Director may give instructions on fish culture
(1) The Director may give to all or any licensees instructions in writing as to—
(a) any matter concerning fish culture;
(b) the disposal or destruction of any fish within any site found or suspected to be suffering from any infectious disease; or
(c) the disposal of any noxious or waste matter resulting from the collecting or harvesting of fish.
(2) It shall be a condition of every licence that the licensee shall carry out, or cause to be carried out, to the satisfaction of the Director, within the site in respect of which his licence is granted, any instructions given to him under subsection (1).

11. Protection of fish culture zones
Any person who, without reasonable excuse, deposits, or causes or permits to be deposited, either on land or in the sea, any chemical or other substance or thing in such a place or in such a manner as—
(a) to injure or to be likely to injure any fish in any fish culture zone; or
(b) to pollute or to be likely to pollute the waters in any fish culture zone,
commits an offence.

12. Interference with rafts or impoundments or fish therein
(1) Subject to subsection (2), any person who wilfully—
(a) moves, damages or otherwise interferes with any raft or impoundment that is lawfully within a site; or
(b) removes any fish from, or injures or otherwise interferes with any fish within, such a raft or impoundment,
commits an offence.
(2) Subsection (1) shall not apply to any act prohibited by that subsection if such act is—
(a) authorized by or under this or any other Ordinance;
(b) committed by the owner of the raft or impoundment, or of the fish therein or with such owner’s consent; or
(c) committed in a case of emergency or stress of weather to save life or property or for the safety of any raft or impoundment, or of any fish therein.