### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

9. Establishment of Fish Marketing Organization
(1) There shall be established a corporation which shall be known as the Fish Marketing Organization, and which by that name may sue and be sued in the courts of Hong Kong. (Amended 8 of 1988 s. 6)
(2) The Organization shall consist of such officer or persons as the Chief Executive may from time to time appoint.
(3) Where the Organization consists of more than 1 person the Chief Executive may by order provide for the tenure of office and the remuneration of such persons, the delegation of powers by the Organization and other matters incidental thereto.
(Amended 65 of 1999 s. 3)

10. Property vested in the Organization
(1) Upon and by virtue of the establishment of the Organization, the rights and obligations under all deeds, contracts, bonds, securities, things in action or moneys vested in or under the control of any person exercising functions analogous to those of the Organization at the time of such person ceasing to hold office, shall be transferred to and vested in the Organization in the same manner as if it had been contracted with instead of such person, and as if its name had been inserted in all such deeds, contracts, bonds or securities instead of the name of such person.
(2) For the purpose of contracts entered into prior to the commencement* of this Ordinance by, or on behalf of any person who has been exercising functions analogous to those of the Organization at the time of entering into such contracts, such contracts shall be deemed to have been lawfully entered into by him.

Editorial Note:
* Commencement date: 21 December 1962.

### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

11. Functions of the Organization
(1) The functions of the Organization shall be to—
(a) establish, regulate and conduct wholesale fish markets, depots and ancillary establishments, including the making of administrative rules for the same; and
(b) furnish the Chief Executive with all such information as he may require for the purposes of section 6 (which empowers the Chief Executive to give directions to the Organization).
(2) In addition to the functions specified in subsection (1) the Organization may—
(a) buy, sell, grade, pack, store, adapt for sale, process, insure, advertise, and transport fishery products;
(b) buy, sell, hire, or let out for hire, anything required in the production, adaptation for sale, or transport of fishery products;
(c) provide such services as may be deemed necessary for the improvement of the marketing of fishery products and the promotion of co-operative enterprise in the fisheries industry;
(d) make provisions for the education, health and welfare of persons employed in the fisheries industry and their families and dependants;
(e) make loans to persons employed in the fisheries industry upon such terms as the Organization shall see fit; and
(f) engage in such other activities (whether similar to those hereinbefore specified or not) as may be sanctioned by order of the Chief Executive.
(Amended 65 of 1999 s. 3)

12. Seal of Organization and signification of acts
(1) The Organization shall have a common seal which shall be officially and judicially noticed and shall be authenticated by the signature of such person or persons as the Organization may from time to time appoint.
(2) All deeds, documents and other instruments requiring the seal of the Organization shall be signed by such persons as the Organization may from time to time appoint, and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments.
(3) Any act of the Organization may be signified by an instrument signed by any servant of the Organization acting in the course of his duties, and any instrument purporting to have been so executed shall, until the contrary is proved, be deemed to have been so executed.

### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

13. Powers of the Organization
For the purpose of this Ordinance, the Organization may—
(a)  acquire, accept leases of, purchase, take, hold and enjoy any lands, places, messuages or tenements of whatever nature or kind and wheresoever situate, also grant, demise, alienate or otherwise dispose of same:
Provided that it shall not acquire any immovable property in Hong Kong without the prior consent of the Chief Executive in Council in each case; (Amended 8 of 1988 s. 6) 
(b) enter into any contract;
(c) employ such officers, agents and servants on such terms as to remuneration or otherwise, as the Organization may determine;
(d) grant pensions, gratuities and retiring allowances to officers and servants and their dependants;
(e) delegate, subject to any orders made by the Chief Executive under section 9, such of its powers as the Organization may deem expedient for the due conduct and management of its functions;
(f) borrow money on such terms as may be approved by the Chief Executive; and (Amended 34 of 1962 s. 4)
(g) charge such fee or commission as it thinks fit for any service provided by the Organization. (Added 34 of 1962 s. 4)
(Amended 65 of 1999 s. 3)

### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

14. Financial control
(1) All moneys received, including any moneys borrowed, by the Organization shall be brought to account and shall be administered by it for the purposes of this Ordinance, and any moneys so brought to account may be left on current or deposit account with any bank or invested in such mortgages, debentures, stocks, funds, shares or other securities as the Chief Executive may approve.
(2) The Organization shall keep proper accounts and shall prepare a statement thereof for every period of 12 months ending on the 31st March. The accounts and the statement thereof shall be audited by an auditor appointed by the Chief Executive and such auditor shall certify the statement subject to any report which he may think fit to make. The audited statement together with the auditor’s report, if any, shall be laid on the table of the Legislative Council not later than the 31st October next following the end of the period to which such statement relates or so soon thereafter as the Chief Executive may in his discretion allow. (Amended 14 of 1978 s. 4)
(3)  The Organization shall submit to the Chief Executive annual estimates of income and expenditure and shall not incur expenditure beyond that in the approved estimate without the prior consent of the Chief Executive:
Provided that nothing in this subsection shall prevent the Organization incurring and making provision for necessary day to day expenses pending the approval of its annual estimate. 
(Amended 65 of 1999 s. 3)

### Marine Fish (Marketing) Ordinance 《海魚(統營)條例》

15. By-laws
(1) The Organization may make by-laws concerning the wholesale marketing of marine fish for the purpose of—
(a) regulating the landing, transport and storage of marine fish;
(b) regulating the conduct of markets, depots and ancillary establishments conducted by the Organization; (Amended 34 of 1962 s. 5)
(c) providing registers of persons authorized to buy marine fish in markets, the conditions to be observed by such persons and for the removal from registers of the names of persons entered thereon; (Amended 34 of 1962 s. 5)
(d) requiring persons concerned in the fisheries industry to supply such information as it may require in connexion with such wholesale marketing;
(e) specifying the forms to be used;
(f) providing for the payment of a commission at such rate as may be prescribed by the Organization—
(i) after consulting the Board; and
(ii) by notice published in the Gazette,
for the services provided by the Organization in respect of the sale of marine fish; and (Replaced 70 of 1992 s. 3)
(g) carrying out the functions of the Organization set out in section 11.
(2) Such by-laws may prescribe contraventions thereof which shall constitute offences and may prescribe penalties not exceeding level 2. (Amended 8 of 1988 s. 7; E.R. 5 of 2022)
(3) Such by-laws shall be submitted to the Chief Executive, shall be subject to the approval of the Legislative Council and shall take effect subject to any regulations made under section 4. (Amended 65 of 1999 s. 3)
(4) Copies of such by-laws shall be kept at each market and shall be available for public inspection at such times as the market is open to the public.