Cap. 496 sub. leg. A

Whaling Industry (Regulation) Regulation(Cap. 496, section 13)(Enacting provision omitted—E.R. 6 of 2021)[18 April 1997] L.N. 160 of 1997(Format changes—E.R. 6 of 2021) 1. (Omitted as spent—E.R. 6 of 2021) 2. Interpretation In this Regulation, authority (當局) means the licensing authority. 3. Conditions attached to licences (1) Every licence authorizing the use of a Hong Kong ship or aircraft for taking whales shall contain a condition that the remuneration of the crew of the ship or aircraft must, so far as it is calculated by reference to the results of their work, be calculated by reference to the size, species, oil-yield and value of the whales taken, and in such manner as to exclude remuneration in respect of any whale—(a) which is less than the length specified under the Ordinance or in a regulation made under section 13 of the Ordinance; or(b) the taking of which is prohibited by the Ordinance.(2) Every licence authorizing the use of a ship or factory for treating whales shall contain a condition that the remuneration of the persons engaged in treating whales on board the ship or at the factory to which it relates must, so far as it is calculated by reference to the results of their work, be calculated by reference to the size, species, oil-yield and value of the whales treated.(3) Every licence issued authorizing the use of a ship or factory for treating whales shall contain the following conditions—(a) that a record shall be kept (in the manner and by a person determined by the authority) which sets out—(i) with respect to each whale treated in the ship or factory, the date and place of taking, the species and sex of the whale, and such measurements and other biological information (including information as to the contents of its internal organs) as may be required by the authority;(ii) particulars as to the number of whales treated in the ship or factory, and the grades and quantities of meat, guano and other products derived from those whales;(b) in the case of a ship or factory, that it must be equipped with plant of a type approved by the authority for the extraction of oil from the blubber, flesh and bones of whales, and that steps are taken to ensure that the plant is kept in good order and operated efficiently;(c) that, except in the case of a whale or part of a whale intended to be used for human food, the oil must be extracted, by boiling or otherwise, from all whale blubber, from heads and tongues of whales and from their tails as far forward as the outer opening of the lower intestine; and(d) in the case of a factory, that adequate arrangements must be made for utilising residual products.(4) Every licence under the Ordinance shall contain conditions—(a) that records required to be kept under the licence must be transmitted to the authority, at such times and in such manner as may be determined by the authority; and(b) requiring the master of a ship or the commander of an aircraft or the occupier of a factory to which the licence relates, to furnish to the authority, at such times and in such form as may be specified in the licence, an account showing the remuneration of each member of the crew of the ship or aircraft, or of each person employed by the factory, as the case may be, and the manner in which the remuneration is calculated.(5) Any licence issued under the Ordinance may contain such conditions, in addition to the conditions required under subsections (1) to (4), as appear to the authority to be necessary or expedient for the purpose of preventing, so far as is practicable—(a) any excessive destruction of whales and any wastage of whales or whale products;(b) the taking of whales in particular areas; or(c) the killing of whales otherwise than by a particular method,and any condition attached to a licence for the purpose of preventing the taking of whales in any particular area, or for the purpose of preventing the killing of whales otherwise than by a particular method, may prohibit—(i) the taking, in that area, of any whales whatever or of particular descriptions of whales, either at any time whatever or during particular periods; or (ii) the killing of whales otherwise than by that method either generally or in a particular area.(6) No condition involving the substitution of one type of plant for another shall be attached to a licence unless at least 12 months’ notice of the intention to impose that condition has been given by the authority in such manner as the authority thinks best for informing persons concerned.(7) The authority may refuse to grant a licence under the Ordinance in respect of a ship, aircraft or factory until the authority is satisfied from an inspection of the same, or by such other evidence as he may require, that any condition affecting the structure or equipment of the ship, aircraft or factory which it is proposed to attach to the licence has been complied with. 4. Fees in connection with application for a licence The fees payable in respect of an application for a licence under the Ordinance shall be the fees set out in the Schedule. Any fee or fees paid in accordance with this section shall not be refundable. Schedule [s. 4]Fees $ 1. Licence authorizing the use of a Hong Kong ship for taking, towing or treating whales 22,400 2. Licence authorizing the use of a Hong Kong aircraft for taking or towing whales 22,400 3. Licence authorizing the use of a factory situated in Hong Kong for treating whales 22,400