### Public Health (Animals and Birds) Ordinance 《公眾衞生(動物及禽鳥)條例》

9B. Power of Director to require work done
(1) Where a person intends to exhibit any wild animal or wild bird, the Director may cause a notice in accordance with subsection (3) to be served on such person or, if such person cannot be found, on the owner or occupier of the premises on which it is intended to exhibit the wild animal or wild bird, requiring the person on whom the notice is served, prior to the exhibition of the wild animal or wild bird, to take such steps and do such things to the satisfaction of the Director for the protection and safety of the public as may be specified in the notice.
(2) Where a person is exhibiting a wild animal or wild bird, the Director may cause a notice in accordance with subsection (3) to be served on such person or, if such person cannot be found, on the owner or occupier of the premises on which the wild animal or wild bird is being exhibited, requiring the person on whom the notice is served—
(a) within the period specified in the notice, to take such steps and do such things to the satisfaction of the Director for the protection and safety of the public as may be specified in the notice; and
(b) if the Director thinks fit, to cease exhibiting the wild animal or wild bird, until such steps are taken or such things done as may be specified under paragraph (a).
(3) Any notice served under subsection (1) or (2) shall be in the form specified in the Schedule, and such notice may be served, whether or not the Director has received a notice required to be given under section 9A.
(4) Any person who fails to comply with any of the requirements of a notice served on him by the Director under subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2. (Amended L.N. 389 of 1981; E.R. 5 of 2021)
(Added 4 of 1967 s. 6)

10. Penalties
(1) (Repealed 4 of 1967 s. 7)(2) Any licence or permit issued under any regulation made under this Ordinance shall be liable to cancellation by the Director for breach of any regulation to which the holder of such licence is subject, or for breach of any condition of such licence or permit. (Amended 17 of 1956 s. 2)

### Public Health (Animals and Birds) Ordinance 《公眾衞生(動物及禽鳥)條例》

11. Appeal to Chief Executive in Council against decision of any person entrusted with power under this Ordinance
(1) Whenever any person is dissatisfied with the exercise of the discretion of the Director or of any person to whom discretionary power is given under this Ordinance in respect of any act, matter or thing which is by this Ordinance made subject to the exercise of the discretion of such authority, or with any action or decision of the Director or of any such person either as to the carrying out of or the meaning of any of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Chief Executive in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just. (Amended 17 of 1956 s. 2)
(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Chief Executive in Council shall thereafter determine the matter in the absence of, and without further reference to, the Director. (Amended 17 of 1956 s. 2)
(Added 38 of 1936 s. 2. Amended 65 of 1999 s. 3)

### Public Health (Animals and Birds) Ordinance 《公眾衞生(動物及禽鳥)條例》

12. Chief Executive in Council empowered in any appeal to state case for the opinion of Court of Appeal on question of law
(1) In any appeal under the provisions of section 11 the Chief Executive in Council may at any time in his discretion direct a case to be stated for the opinion of the Court of Appeal on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Court of Appeal. The Court of Appeal shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Chief Executive in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.
(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.
(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Chief Executive in Council in respect of anything arising out of this section.
(4)  The Clerk to the Executive Council shall give the appellant seven days’ notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Chief Executive in Council: (Amended 14 of 1994 s. 24)
Provided that nothing herein contained shall be deemed to prevent any person from applying to the Court of First Instance for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Chief Executive in Council under section 11. (Amended 25 of 1998 s. 2) 
(Added 38 of 1936 s. 2. Amended 92 of 1975 s. 59; 65 of 1999 s. 3)

13. Order of Chief Executive in Council enforced by the Court
Every order of the Chief Executive in Council on any appeal shall be final and may be enforced by the Court of First Instance as if it had been an order of that court.
(Added 38 of 1936 s. 2. Amended 92 of 1975 s. 59; 25 of 1998 s. 2; 65 of 1999 s. 3)