Protection Of Endangered Species Of Animals And Plants Ordinance


Published: 2006-12-01

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Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 1

Chapter: 586 PROTECTION OF ENDANGERED SPECIES OF
ANIMALS AND PLANTS ORDINANCE

Gazette Number Version Date


Long title L.N. 206 of 2006 01/12/2006


An Ordinance to give effect in Hong Kong to the Convention on International Trade in Endangered Species of Wild
Fauna and Flora signed in Washington D.C. on 3 March 1973; to regulate the import, introduction from the sea,
export, re-export, and possession or control of certain endangered species of animals and plants and parts and
derivatives of those species; and to provide for incidental and connected matters.


[1 December 2006] L.N. 206 of 2006


(Originally 3 of 2006)

Part: 1 PRELIMINARY L.N. 206 of 2006 01/12/2006




Section: 1 Short title 02/12/2006


(1) This Ordinance may be cited as the Protection of Endangered Species of Animals and Plants Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) In this Ordinance, unless the context otherwise requires—

"advertisement" (廣告), in relation to a specimen of a scheduled species, means any form of advertising that
describes, makes reference or alludes in any other way to that scheduled species or specimen—

(a) whether directly or indirectly;
(b) whether orally, in writing in any language, diagrammatically, pictorially, by the use of symbols or

photographs, or in any combination of them; and
(c) whether or not the common name or the scientific name, or both, of that scheduled species or specimen

appears in the advertisement;
"Appendices" (《附錄》) means Appendix I, Appendix II and Appendix III;
"Appendix I" (附錄I) means column 1 of Part 2 of Schedule 1;
"Appendix I species" (附錄I物種) means a species, or a species included in a higher taxon, as specified in Appendix

I;
"Appendix II" (附錄II) means column 2 of Part 2 of Schedule 1;
"Appendix II species" (附錄II物種) means a species, or a species included in a higher taxon, as specified in

Appendix II;
"Appendix III" (附錄III) means column 3 of Part 2 of Schedule 1;
"Appendix III species" (附錄III物種) means a species, or a species included in a higher taxon, as specified in

Appendix III;
"appropriate and acceptable destination" (適當和可接受的目的地) has the meaning assigned to it in Part 1 of

Schedule 3;
"artificially propagated" (人工培植) has the meaning assigned to it in Part 1 of Schedule 3;
"authorized officer" (獲授權人員) means—

(a) a person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 2

342); or
(b) a public officer authorized by the Director under section 27;

"bred in captivity" (圈養繁殖) has the meaning assigned to it in Part 1 of Schedule 3;
"certificate in lieu" (代用證明書), in relation to a specimen of a scheduled species brought into Hong Kong from a

place outside Hong Kong, means a certificate of captive breeding or of artificial propagation—
(a) that is issued by a relevant authority of that place in respect of that specimen and remains in force

when relied on to show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a certificate in Part 2 of Schedule 3;

"commercial purposes" (商業目的) means—
(a) a purpose relating to trade or business; or
(b) a purpose of obtaining profit or other economic benefit (whether in cash or in kind) and directed

towards sale, resale, exchange, provision of a service or other form of economic use or benefit,
whether direct or indirect,

and "non-commercial purposes" (非商業目的) shall be construed accordingly;
"Conference of the Parties" (締約國大會) means the Conference of the Parties provided for in the Convention;
"Convention" (《公約》) means the Convention on International Trade in Endangered Species of Wild Fauna and

Flora signed in Washington D.C. on 3 March 1973, as amended from time to time and as applied to Hong Kong;
"Convention certifying document" (《公約》證明文件), in relation to a specimen of a scheduled species brought

into Hong Kong from a place outside Hong Kong, means a permit, certificate or other document—
(a) that is issued by a relevant authority of that place in respect of that specimen and remains in force

when relied on to show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a permit, certificate or other document, as the case

may be, in Part 2 of Schedule 3;
"Convention instrument" (《公約》文書) means a resolution, decision or notification adopted or made by the

Conference of the Parties, or issued by the Secretariat, in relation to the Convention;
"Director" (署長) means the Director of Agriculture, Fisheries and Conservation, the Deputy Director of Agriculture,

Fisheries and Conservation or an Assistant Director of Agriculture, Fisheries and Conservation;
"export" (出口) means to take, or cause to be taken, out of Hong Kong but does not include to re-export;
"former licence" (前許可證) means a licence within the meaning of section 7 of the repealed Ordinance;
"import" (進口) means to bring, or cause to be brought, into Hong Kong but does not include to introduce from the

sea;
"in transit" (過境) has the meaning assigned to it in section 3;
"introduce from the sea" (從公海引進) means to bring, or cause to be brought, into Hong Kong directly from a

marine environment that is not under the jurisdiction of any state;
"part or derivative" (部分或衍生物) includes any readily recognizable part or derivative within the meaning

assigned to it in Part 1 of Schedule 3;
"Party" (締約國) means a Contracting Party to the Convention and includes a place to which the Convention applies;
"pre-Convention certificate" (《公約》前證明書), in relation to a specimen of a scheduled species, means a

certificate—
(a) that is issued by a relevant authority in respect of that specimen and remains in force when relied on to

show compliance with this Ordinance; and
(b) that conforms to the provisions applicable to such a certificate in Part 2 of Schedule 3;

"re-export" (再出口), in relation to a specimen of a scheduled species, means to take, or cause to be taken, out of
Hong Kong that specimen after it has been imported;

"relevant authority" (有關主管當局)—
(a) in relation to a place to which the Convention applies, means a Management Authority designated for

that place under the Convention; or
(b) in relation to any other place, means any person or organization designated as a competent authority by

the government of that place for the purposes of registering scientific institutions, or of issuing
documentation—



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 3

(i) that is comparable to a document required to be produced or surrendered under this Ordinance;
and

(ii) that conforms substantially to the provisions applicable to that document in Part 2 of Schedule 3;
"repealed Ordinance" (已廢除條例) means the Animals and Plants (Protection of Endangered Species) Ordinance

(Cap 187) repealed by section 54;
"scheduled species" (列明物種) means an Appendix I species, Appendix II species or Appendix III species;
"scientific institution" (科學機構)—

(a) in the case of an institution established in Hong Kong, means a scientific institution that is registered in
accordance with regulations made by the Secretary under section 53; or

(b) in the case of an institution established in a place outside Hong Kong, means a scientific institution
that is registered by a relevant authority of that place and has been acknowledged by the Secretariat as
being so registered;

"Secretariat" (秘書處) means the Secretariat provided for in the Convention;
"Secretary" (局長) means the Secretary for the Environment; (Amended L.N. 130 of 2007)
"species" (物種) means any species or subspecies of an animal or plant, or any geographically separate population of

such species or subspecies;
"specified form" (指明表格) means a form specified under section 51;
"specimen" (標本) means—

(a) any animal or plant, whether live or dead;
(b) in the case of an animal of an Appendix I species or Appendix II species, any part or derivative of the

animal;
(c) in the case of an animal of an Appendix III species, any part or derivative of the animal designated in

Appendix III in relation to that species;
(d) in the case of a plant of an Appendix I species, any part or derivative of the plant; or
(e) in the case of a plant of an Appendix II species or Appendix III species, any part or derivative of the

plant designated in Appendix II or Appendix III, as the case may be, in relation to that species;
"thing" (物品) includes any animal and plant, whether live or dead.

(2) For the purposes of this Ordinance, a specimen of an Appendix I species shall be treated as a specimen of
an Appendix II species if—

(a) in the case of an animal or any part or derivative of an animal, the animal is bred in captivity for
commercial purposes by a captive-breeding operation registered by the Secretariat for breeding
animals of an Appendix I species; or

(b) in the case of a plant or any part or derivative of a plant, the plant is artificially propagated for
commercial purposes.

(3) For the purposes of this Ordinance, a thing (including a thing contained in any receptacle)—
(a) that is claimed, represented or held out by any person, whether by advertisement or in any other way,

to be or to contain a specimen; or
(b) that appears from an accompanying document, packaging, mark or label, or from other circumstances,

to be or to contain a specimen,
shall be treated as such a specimen.

(4) The Appendices shall be construed in accordance with—
(a) the interpretation provisions set out in Part 1 of Schedule 1;
(b) the annotations contained in the Appendices; and
(c) the annotations set out at the end of the Appendices.


Section: 3 Meaning of "in transit" L.N. 206 of 2006 01/12/2006


For the purposes of this Ordinance, a thing is in transit if—
(a) it is brought into Hong Kong from a place outside Hong Kong;
(b) it is in the process of being taken to another place outside Hong Kong; and
(c) it remains under the control of the Director or an authorized officer from the time it is brought into

Hong Kong up to the time it is taken outside Hong Kong.



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 4


Section: 4 Application to hybrids L.N. 206 of 2006 01/12/2006


This Ordinance applies to a hybrid animal or hybrid plant in accordance with the provisions applicable to it as
set out in Part 1 of Schedule 3.

Part: 2 REGULATION OF APPENDIX I SPECIES L.N. 206 of 2006 01/12/2006




Section: 5 Restriction on import of specimens of Appendix I species L.N. 206 of 2006 01/12/2006


(1) Subject to section 47, a person shall not import a specimen of an Appendix I species—
(a) except as provided in section 17 or 22; or
(b) except under and in accordance with—

(i) a licence issued in respect of that specimen under section 23(1)(a) prior to the import; and
(ii) a Convention certifying document issued in respect of that specimen.

(2) A person who imports a specimen of an Appendix I species under and in accordance with the documents
referred to in subsection (1)(b)(i) and (ii) shall, upon the landing of that specimen in Hong Kong—

(a) produce, or cause to be produced, the relevant licence to an authorized officer; and
(b) surrender, or cause to be surrendered, the relevant Convention certifying document to the authorized

officer for retention and cancellation.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at

level 6 and to imprisonment for 1 year.

Section: 6 Restriction on introduction from the sea of specimens of

Appendix I species
L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not introduce from the sea a specimen of an Appendix I species except
under and in accordance with a licence issued in respect of that specimen under section 23(1)(b) prior to the
introduction from the sea.

(2) A person who introduces from the sea a specimen of an Appendix I species under and in accordance with
the licence referred to in subsection (1) shall, upon the landing of that specimen in Hong Kong, produce, or cause to
be produced, that licence to an authorized officer.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at
level 6 and to imprisonment for 1 year.

Section: 7 Restriction on export of specimens of Appendix I species L.N. 206 of 2006 01/12/2006


(1) Subject to section 47, a person shall not export a specimen of an Appendix I species except under and in
accordance with a licence issued in respect of that specimen under section 23(1)(c) prior to the export.

(2) A person who exports a specimen of an Appendix I species under and in accordance with the licence
referred to in subsection (1) shall, before the removal of that specimen from Hong Kong, produce, or cause to be
produced, that licence to an authorized officer.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at
level 6 and to imprisonment for 1 year.

Section: 8 Restriction on re-export of specimens of Appendix I

species
L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not re-export a specimen of an Appendix I species—
(a) except as provided in section 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section 23(1)(d)

prior to the re-export.
(2) A person who re-exports a specimen of an Appendix I species under and in accordance with the licence



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 5

referred to in subsection (1)(b) shall, before the removal of that specimen from Hong Kong, produce, or cause to be
produced, that licence to an authorized officer.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at
level 6 and to imprisonment for 1 year.

Section: 9 Restriction on possession or control of specimens of

Appendix I species
L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not have in his possession or under his control a specimen of an
Appendix I species—

(a) except as provided in section 20 or 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section

23(1)(e).
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 6

and to imprisonment for 1 year.

Section: 10 Higher penalties for offences relating to specimens of

Appendix I species committed for commercial purposes
L.N. 206 of 2006 01/12/2006



If a person has been convicted of an offence under section 5, 6, 7, 8 or 9 and the court is satisfied that the act
(including possession or control of a specimen) in respect of which the person has been so convicted was carried out
(whether by him or on his behalf) for commercial purposes, that person, instead of being liable to the penalty
prescribed in those sections, is liable to a fine of $5000000 and to imprisonment for 2 years.

Part: 3 REGULATION OF APPENDIX II SPECIES AND

APPENDIX III SPECIES
L.N. 206 of 2006 01/12/2006





Section: 11 Restriction on import of specimens of Appendix II species
and Appendix III species

L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not import a specimen of an Appendix II species or Appendix III
species—

(a) except as provided in section 17, 18, 19 or 22; or
(b) except under and in accordance with—

(i) a licence issued in respect of that specimen under section 23(1)(a) prior to the import; and
(ii) a Convention certifying document or certificate in lieu issued in respect of that specimen.

(2) A person who imports a specimen of an Appendix II species or Appendix III species under and in
accordance with the documents referred to in subsection (1)(b)(i) and (ii) shall, upon the landing of that specimen in
Hong Kong—

(a) produce, or cause to be produced, the relevant licence to an authorized officer; and
(b) surrender, or cause to be surrendered, the relevant Convention certifying document or certificate in lieu

to the authorized officer for retention and cancellation.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at

level 5 and to imprisonment for 6 months.

Section: 12 Restriction on introduction from the sea of specimens of

Appendix II species
L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not introduce from the sea a specimen of an Appendix II species except
under and in accordance with a licence issued in respect of that specimen under section 23(1)(b) prior to the
introduction from the sea.

(2) A person who introduces from the sea a specimen of an Appendix II species under and in accordance with
the licence referred to in subsection (1) shall, upon the landing of that specimen in Hong Kong, produce, or cause to



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 6

be produced, that licence to an authorized officer.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at

level 5 and to imprisonment for 6 months.

Section: 13 Restriction on export of specimens of Appendix II species

and Appendix III species
L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not export a specimen of an Appendix II species or Appendix III
species except under and in accordance with a licence issued in respect of that specimen under section 23(1)(c) prior
to the export.

(2) A person who exports a specimen of an Appendix II species or Appendix III species under and in
accordance with the licence referred to in subsection (1) shall, before the removal of that specimen from Hong Kong,
produce, or cause to be produced, that licence to an authorized officer.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at
level 5 and to imprisonment for 6 months.

Section: 14 Restriction on re-export of specimens of Appendix II

species and Appendix III species
L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not re-export a specimen of an Appendix II species or Appendix III
species—

(a) except as provided in section 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section 23(1)(d)

prior to the re-export.
(2) A person who re-exports a specimen of an Appendix II species or Appendix III species under and in

accordance with the licence referred to in subsection (1)(b) shall, before the removal of that specimen from Hong
Kong, produce, or cause to be produced, that licence to an authorized officer.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at
level 5 and to imprisonment for 6 months.

Section: 15 Restriction on possession or control of specimens of

Appendix II species
L.N. 206 of 2006 01/12/2006



(1) Subject to section 47, a person shall not have in his possession or under his control a specimen of an
Appendix II species—

(a) except as provided in section 20, 21 or 22; or
(b) except under and in accordance with a licence issued in respect of that specimen under section

23(1)(e).
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5

and to imprisonment for 6 months.

Section: 16 Higher penalties for offences relating to specimens of

Appendix II species and Appendix III species committed
for commercial purposes

L.N. 206 of 2006 01/12/2006



If a person has been convicted of an offence under section 11, 12, 13, 14 or 15 and the court is satisfied that the
act (including possession or control of a specimen) in respect of which the person has been so convicted was carried
out (whether by him or on his behalf) for commercial purposes, that person, instead of being liable to the penalty
prescribed in those sections, is liable to a fine of $500000 and to imprisonment for 1 year.




Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 7

Part: 4 CIRCUMSTANCES IN WHICH DEALINGS IN
SCHEDULED SPECIES WITHOUT LICENCE ARE
PERMITTED

L.N. 206 of 2006 01/12/2006





Section: 17 Import of pre-Convention specimens L.N. 206 of 2006 01/12/2006


A person may import a specimen of a scheduled species if, upon the landing of the specimen in Hong Kong—
(a) he produces, or causes to be produced, to an authorized officer a pre-Convention certificate, or a

Convention certifying document containing the particulars required to be specified in a pre-Convention
certificate, in respect of the specimen;

(b) an authorized officer has inspected the specimen to compare it with the particulars on that pre-
Convention certificate or Convention certifying document and is satisfied that the particulars tally; and

(c) where a Convention certifying document is produced under paragraph (a), that person surrenders, or
causes to be surrendered, to the authorized officer that document for retention and cancellation.


Section: 18 Import of specimens of Appendix II species L.N. 206 of 2006 01/12/2006


A person may import a specimen of an Appendix II species if, upon the landing of the specimen in Hong Kong


(a) he produces, or causes to be produced, to an authorized officer a Convention certifying document or
certificate in lieu in respect of the specimen, showing that—
(i) the specimen is not a live animal or plant of wild origin, nor is it a live animal or plant that shall

be treated as a specimen of an Appendix II species under section 2(2); and
(ii) the species is not of a population included in Appendix I if the species is specified in both

Appendix I and Appendix II;
(b) an authorized officer has inspected the specimen to compare it with the particulars on that Convention

certifying document or certificate in lieu and is satisfied that the particulars tally; and
(c) that person surrenders, or causes to be surrendered, to the authorized officer that Convention certifying

document or certificate in lieu for retention and cancellation.

Section: 19 Import of specimens of Appendix III species L.N. 206 of 2006 01/12/2006


(1) A person may import a specimen of an Appendix III species if, upon the landing of the specimen in Hong
Kong—

(a) he produces, or causes to be produced, to an authorized officer—
(i) where the import is from a place specified in parentheses placed against the species in Appendix

III, a Convention certifying document or certificate in lieu in respect of the specimen;
(ii) where the import is from a place that is not so specified in Appendix III and the specimen

originates from such a place, a certificate of origin in respect of the specimen; or
(iii) in any other case, a certificate—

(A) that is issued in respect of the specimen by a relevant authority of the place from which the
specimen is imported and remains in force when relied on to show compliance with this
Ordinance; and

(B) that shows that the specimen was processed in that place, or has previously been taken into
that place from another place;

(b) an authorized officer has inspected the specimen to compare it with the particulars on that Convention
certifying document, certificate in lieu, certificate of origin, or the certificate referred to in paragraph
(a)(iii), as the case may be, and is satisfied that the particulars tally; and

(c) that person surrenders, or causes to be surrendered, to the authorized officer the document referred to
in paragraph (b) for retention and cancellation.

(2) In this section, "certificate of origin" (產地來源證明書), in relation to a specimen originating from a
place outside Hong Kong, means a certificate—



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 8

(a) that is issued by a relevant authority of that place in respect of that specimen and remains in force
when relied on to show compliance with this Ordinance; and

(b) that conforms to the provisions applicable to such a certificate in Part 2 of Schedule 3.

Section: 20 Possession or control of pre-Convention specimens L.N. 206 of 2006 01/12/2006


A person may have in his possession or under his control a specimen of an Appendix I species or Appendix II
species if he proves the following to the satisfaction of the Director—

(a) that he possesses a pre-Convention certificate in respect of the specimen;
(b) that the specimen was imported, or introduced from the sea, before 6 August 1976; or
(c) if the specimen was imported, or introduced from the sea, on or after that date, the import or

introduction from the sea was not in contravention of any provision of the repealed Ordinance or this
Ordinance, whichever was in force at that time.


Section: 21 Possession or control of specimens of Appendix II species L.N. 206 of 2006 01/12/2006


(1) A person may have in his possession or under his control a specimen of an Appendix II species if he proves
the following to the satisfaction of the Director by documentary evidence or otherwise—

(a) that the specimen is not a live animal or plant of wild origin, nor is it a live animal or plant that shall be
treated as a specimen of an Appendix II species under section 2(2); and

(b) that the species is not of a population included in Appendix I if the species is specified in both
Appendix I and Appendix II.

(2) In subsection (1), "documentary evidence" (文件證據) includes but is not limited to a former licence, a
certificate in lieu or other Convention certifying document.

Section: 22 Import, re-export and possession or control of specimens

in transit
L.N. 206 of 2006 01/12/2006



(1) A person may import, re-export or have in his possession or under his control a specimen of a scheduled
species (other than a live animal) in transit if, upon the landing of the specimen in Hong Kong, he produces, or causes
to be produced, to an authorized officer a Convention certifying document or certificate in lieu in respect of the
specimen.

(2) A person may import, re-export or have in his possession or under his control a live animal of a scheduled
species in transit if—

(a) upon the landing of the animal in Hong Kong, he produces, or causes to be produced, to an authorized
officer a Convention certifying document or certificate in lieu in respect of the animal; and

(b) subject to subsection (3), at least 3 working days before the intended date on which the animal is to be
brought into Hong Kong, the Director receives a notification made to him in writing—
(i) providing a description and the particulars of the animal;
(ii) stating the intended date on which the animal is to be brought into Hong Kong; and
(iii) where the animal is to be brought into Hong Kong by a vessel, vehicle, train or aircraft,

providing particulars of the vessel, vehicle, train or aircraft so as to enable the Director to locate
it immediately upon its arrival in Hong Kong.

(3) The Director may, by notice published in the Gazette, specify a number of working days in substitution for
the number of working days referred to in subsection (2)(b) in respect of a scheduled species, either generally or for
any purposes or by reference to any special circumstances.

(4) In this section, "working day" (工作天) means any day other than a public holiday or a black rainstorm
warning day or gale warning day within the meaning of section 71 of the Interpretation and General Clauses
Ordinance (Cap 1).

Part: 5 LICENCES L.N. 206 of 2006 01/12/2006






Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 9

Section: 23 Issue of licences L.N. 206 of 2006 01/12/2006


(1) The Director may, on application made to him in the specified form and on payment of the fee prescribed in
Schedule 2, issue a licence for the—

(a) import;
(b) introduction from the sea;
(c) export;
(d) re-export; or
(e) possession or control,

of a specimen of a scheduled species.
(2) The Director shall not approve an application made under this section if such approval would contravene

any requirement under the Convention.
(3) On issuing any such licence, the Director may impose such conditions as he considers appropriate,

including conditions that are more stringent than any requirement under the Convention.
(4) A licence issued under this section shall—

(a) be in the specified form;
(b) specify the name and address of the holder of the licence;
(c) specify the quantity and description of the specimen concerned;
(d) specify the conditions, if any, of the licence; and
(e) specify the period of validity of the licence.

(5) If any condition of a licence issued under this section is contravened, the holder of the licence commits an
offence and is liable on conviction to a fine at level 5.

Section: 24 Extension, renewal and variation of licences L.N. 206 of 2006 01/12/2006


(1) The Director may, on application made to him in the specified form and on payment of the fee prescribed in
Schedule 2—

(a) extend the period of validity of a licence issued under section 23(1)(a), (b), (c) or (d);
(b) renew a licence issued under section 23(1)(e); or
(c) vary a licence issued under section 23 in any other way.

(2) The Director shall not approve an application made under this section if such approval would contravene
any requirement under the Convention.

Section: 25 Refusal of application made under section 23 or 24 L.N. 206 of 2006 01/12/2006


If the Director refuses an application made under section 23 or 24, he shall give written notice of the refusal to
the applicant stating the reason for the refusal.

Section: 26 Cancellation of licences L.N. 206 of 2006 01/12/2006


(1) The Director may cancel a licence that is issued under section 23 or extended, renewed or varied under
section 24 if—

(a) any condition of the licence is contravened; or
(b) the Director is satisfied that the licence was issued, extended, renewed or varied as a result of a false

representation of any fact made by the applicant or an unlawful act of the applicant.
(2) If the Director cancels a licence under subsection (1), he shall give written notice of the cancellation to the

holder of the licence stating the reason for the cancellation.
(3) After receipt of a notice of cancellation under subsection (2), the holder of the relevant licence shall

immediately surrender the licence to the Director.
(4) If that holder lodges an appeal under section 46(1) against the Director's decision relating to the

cancellation of the relevant licence, the Director shall return the licence to that holder pending the determination of the
appeal by the Administrative Appeals Board.

(5) If the Administrative Appeals Board confirms the Director's decision relating to the cancellation of the
relevant licence, that holder shall, immediately after receipt of a notice of the Administrative Appeals Board's



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 10

decision, surrender the licence to the Director.
(6) A holder of a licence who without reasonable excuse fails to comply with subsection (3) or (5) commits an

offence and is liable on conviction to a fine at level 6.

Part: 6 AUTHORIZED OFFICERS L.N. 206 of 2006 01/12/2006




Section: 27 Authorized officers L.N. 206 of 2006 01/12/2006


(1) The Director may in writing authorize any public officer to exercise any of the powers and perform any of
the duties conferred or imposed on the Director or an authorized officer by this Ordinance.

(2) The Director may exercise any of the powers or perform any of the duties conferred or imposed on an
authorized officer by this Ordinance.

Section: 28 Power to require production of document or other

evidence to show compliance with this Ordinance
L.N. 206 of 2006 01/12/2006



(1) If a person has in his possession or under his control a specimen of a scheduled species, an authorized
officer may require the person to produce any document or other evidence on which the person relies to show that the
possession or control is not in contravention of this Ordinance.

(2) A person who without reasonable excuse fails to comply with a requirement made under subsection (1)
commits an offence and is liable on conviction to a fine at level 6.

Section: 29 Power to require scientific names and common names L.N. 206 of 2006 01/12/2006


(1) If an authorized officer reasonably suspects that an animal or plant, whether live or dead, or a part of an
animal or plant—

(a) is being or has been imported;
(b) is being or has been introduced from the sea;
(c) is in transit;
(d) is being or is to be exported; or
(e) is being or is to be re-exported,

and is a specimen of a scheduled species, he may require the person who has the animal, plant or part in his possession
or under his control to give its scientific name and common name.

(2) A person who—
(a) without reasonable excuse fails to comply with a requirement made under subsection (1); or
(b) knowingly makes a false statement in purported compliance with such a requirement,

commits an offence and is liable on conviction to a fine at level 5.

Section: 30 Power to require production of things for inspection L.N. 206 of 2006 01/12/2006


If an authorized officer reasonably suspects that a thing—
(a) is being or has been imported;
(b) is being or has been introduced from the sea;
(c) is in transit;
(d) is being or is to be exported;
(e) is being or is to be re-exported; or
(f) is in the possession or under the control of any person,

and is a specimen of a scheduled species, that officer may, for the purposes of verifying compliance with this
Ordinance and on production of written evidence of his identity, stop the person who has the thing in his possession or
under his control and require him to produce the thing for inspection.




Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 11

Section: 31 Power to inspect place or premises L.N. 206 of 2006 01/12/2006


(1) If an authorized officer reasonably suspects that a specimen of a scheduled species is being kept for
commercial purposes in any place or premises, he may, for the purposes of verifying compliance with this Ordinance,
without notice and on production of written evidence of his identity—

(a) enter and inspect the place or premises during reasonable hours;
(b) inspect the thing suspected to be a specimen of a scheduled species; and
(c) require the production of, inspect, examine or take copies of any document that is related to

compliance with this Ordinance and is in the place or premises.
(2) An authorized officer shall not under subsection (1) enter—

(a) any premises that are used exclusively as a dwelling-house; or
(b) any part of any premises that is used exclusively as a dwelling-house.


Section: 32 Power of search and detention L.N. 206 of 2006 01/12/2006


(1) An authorized officer may, on production of written evidence of his identity, stop, board and search any
vessel, vehicle, train or aircraft (other than a ship of war, military aircraft or military vehicle) if he reasonably suspects
that an offence under Part 2 or 3 has been, is being or is about to be committed in or on the vessel, vehicle, train or
aircraft.

(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about to
commit an offence under Part 2 or 3, that officer may, on production of written evidence of his identity—

(a) stop and search the person, and search the property of the person, for anything that is likely to be of
value (whether by itself or together with anything else) to the investigation of the offence; and

(b) detain the person for a reasonable period while that officer inquires about the suspected commission of
the offence.


Section: 33 Power of entry into place or premises L.N. 206 of 2006 01/12/2006


(1) If it is shown to the satisfaction of a magistrate on information on oath that there is in any place or premises
any thing liable to seizure, or any thing likely to be or to contain evidence of an offence under Part 2 or 3, the
magistrate may by warrant authorize any authorized officer to enter, by force if necessary, and search the place or
premises.

(2) An authorized officer entering any place or premises under subsection (1) may take with him such persons
as may be necessary, and on leaving any unoccupied place or premises that he has entered shall leave the place or
premises as effectually secured against trespassers as he found them to be at the time of entry.

(3) A warrant issued under subsection (1) continues in force until the purpose for which the entry is necessary
has been satisfied.

Section: 34 Power of seizure L.N. 206 of 2006 01/12/2006


(1) An authorized officer may seize, remove and detain—
(a) a thing liable to seizure;
(b) a receptacle in which a seized thing is contained or a handling device or other device used for or in

connection with the thing;
(c) any food or drink accompanying a seized animal; or
(d) any thing that appears to that officer to be or to contain evidence that an offence under Part 2 or 3 has

been committed.
(2) For the purposes of this Part, a thing is liable to seizure—

(a) if an authorized officer reasonably suspects that the thing—
(i) is being or has been imported;
(ii) is being or has been introduced from the sea;
(iii) is being or is to be exported;
(iv) is being or is to be re-exported; or
(v) is in the possession or under the control of any person,



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 12

in contravention of any provision of this Ordinance;
(b) if the thing is an animal or plant, whether live or dead, or a part of an animal or plant in respect of

which a person has failed to comply with a requirement made under section 29(1);
(c) if it is a thing in respect of which a person has failed to comply with a requirement made under section

30; or
(d) if it is a thing in respect of which an authorized officer reasonably suspects that a person has

contravened section 44.
(3) No civil liability shall be incurred by an authorized officer in respect of anything done or omitted to be done

by that officer in good faith in the exercise or purported exercise of any power under this section.

Section: 35 Disposal of seized things L.N. 206 of 2006 01/12/2006


(1) The Director may cause the following things seized under section 34(1) to be released, sold, or disposed of
in any other way, immediately after the seizure—

(a) any live animal—
(i) that is impracticable for any reason for the Director to keep in captivity; or
(ii) that is likely to die or be subjected to unnecessary suffering if it is kept in captivity;

(b) any live plant that is impracticable for any reason for the Director to detain;
(c) any thing that is perishable.

(2) Subject to Part 7, the proceeds of sale of any thing sold under subsection (1) shall be paid into the general
revenue.

Section: 36 Power to require identification L.N. 206 of 2006 01/12/2006


(1) If an authorized officer reasonably suspects that a person has committed, is committing or is about to
commit an offence under this Ordinance, he may, without warrant and on production of written evidence of his
identity, stop the person or, where the person is in or on a vessel, vehicle, train or aircraft (other than a ship of war,
military aircraft or military vehicle), stop and board the vessel, vehicle, train or aircraft, as the case may be, for the
purposes of requiring that person—

(a) to state his name and address; and
(b) to produce his proof of identity for inspection.

(2) A person who—
(a) without reasonable excuse fails to comply with a requirement made under subsection (1); or
(b) knowingly gives a false or misleading name or address in purported compliance with such a

requirment,
commits an offence and is liable on conviction to a fine at level 6.

(3) In this section, "proof of identity" (身分證明文件) means proof of identity within the meaning of section
17B of the Immigration Ordinance (Cap 115).

Section: 37 Power of arrest L.N. 206 of 2006 01/12/2006


(1) If an authorized officer reasonably suspects that a person has committed, is committing or is about to
commit an offence under Part 2 or 3 or section 38, he may arrest the person without warrant.

(2) If an authorized officer reasonably suspects that a person has committed, is committing or is about to
commit any other offence under this Ordinance, he may arrest the person without warrant only in circumstances where
it appears to the authorized officer that service of a summons is impracticable because—

(a) the name of the person is unknown to, and cannot be readily ascertained by, that officer;
(b) that officer has reasonable grounds for doubting whether a name given by the person as his name,

when required to do so under section 36, is his real name;
(c) the person has failed to give a satisfactory address for service, when required to do so under section 36;

or
(d) that officer has reasonable grounds for doubting whether an address given by the person, when

required to do so under section 36, is a satisfactory address for service.
(3) If any person who is liable to be arrested under this section forcibly resists the endeavour to arrest him, or



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 13

attempts to evade the arrest, an authorized officer may use all reasonable means necessary to effect the arrest.
(4) If an authorized officer arrests a person under this section, he shall immediately take the person to the

nearest police station or hand him over to the custody of a police officer to be dealt with in accordance with the Police
Force Ordinance (Cap 232).

Section: 38 Obstruction L.N. 206 of 2006 01/12/2006


A person who without reasonable excuse obstructs an authorized officer exercising any power under section 30,
31, 32, 33, 34, 36 or 37 commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1
year.

Part: 7 FORFEITURE L.N. 206 of 2006 01/12/2006




Section: 39 Interpretation of Part 7 L.N. 206 of 2006 01/12/2006


In this Part—
"proceeds of sale" (售賣得益), in relation to a thing seized under section 34(1), means the proceeds of sale of that

thing if already sold under section 35;
"thing seized under section 34(1)" (根據第34(1)條檢取的物品) means a thing seized under section 34(1)(a) and

includes any other thing seized under section 34(1)(b), (c) or (d) in connection with that thing.

Section: 40 Return or forfeiture of things seized in respect of offences

charged under Part 2 or 3
L.N. 206 of 2006 01/12/2006



(1) If a person is convicted of an offence under Part 2 or 3, the court or magistrate may order any thing seized
under section 34(1) in connection with the offence that is not a specimen of a scheduled species, or any proceeds of
sale of that thing—

(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.

(2) If a person is convicted of an offence under Part 2 or 3, any specimen of a scheduled species seized under
section 34(1) in connection with the offence, or any proceeds of sale of the specimen if already sold under section 35,
shall, without order, be forfeited to the Government.

(3) If an offence is prosecuted under Part 2 or 3 and no defendant in the proceedings is convicted of the
offence, the court or magistrate may order any thing seized under section 34(1) in respect of which the prosecution
was brought, or any proceeds of sale of that thing—

(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.


Section: 41 Return or forfeiture of things seized on prosecution of

offences under section 29 or 44
L.N. 206 of 2006 01/12/2006



If an offence is prosecuted under section 29 or 44, the court or magistrate may, whether or not any defendant in
the proceedings is convicted of the offence, order any thing seized under section 34(1) in respect of which the
prosecution was brought, or any proceeds of sale of that thing—

(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.


Section: 42 Return or forfeiture of things seized where no prosecution

for offences
L.N. 206 of 2006 01/12/2006



(1) If a thing has been seized under section 34(1) but no prosecution for an offence under Part 2 or 3 or section
29 or 44 has been brought in respect of that thing, an authorized officer may apply to the court or magistrate for an



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 14

order in respect of that thing or any proceeds of sale of that thing.
(2) On an application under subsection (1), the court or magistrate may order the thing concerned or any

proceeds of sale of that thing—
(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.

(3) If a thing seized under section 34(1)—
(a) is placed in the possession or under the control of the Director; and
(b) is abandoned by its owner, or appears to the Director to have been so abandoned,

an authorized officer may apply to the court or magistrate for an order in respect of that thing.
(4) On an application under subsection (3), the court or magistrate may, if satisfied that the owner of the thing

concerned is unknown or cannot be found, order that thing to be forfeited to the Government.

Section: 43 Disposal of forfeited things, etc. L.N. 206 of 2006 01/12/2006


(1) The Director may sell, or dispose of in any other way, any thing that is seized under section 34(1) and
forfeited to the Government under this Part in such manner as he thinks fit.

(2) The proceeds of sale of any thing sold under subsection (1) shall be paid into the general revenue.
(3) Any person who considers himself aggrieved by the sale or disposal of any thing that was ordered to be

forfeited to the Government under section 42(4) may complain to the court or magistrate within 6 months of the sale
or disposal.

(4) On a complaint under subsection (3), the court or magistrate may, if satisfied as to the title of the
complainant to the thing concerned, order that such sum by way of compensation be paid to the complainant as it may
consider just.

Part: 8 MISCELLANEOUS PROVISIONS L.N. 206 of 2006 01/12/2006




Section: 44 Furnishing false information L.N. 206 of 2006 01/12/2006


(1) A person commits an offence if he, on an application made under section 23 or 24 or in purported
compliance with this Ordinance, furnishes any information that—

(a) he knows or believes to be false or does not believe to be true; or
(b) he knows or believes to be misleading in any material particular.

(2) A person commits an offence if he claims, represents or holds out, whether by advertisement or in any other
way, that a thing is a specimen of a scheduled species, without any belief in the truth of the claim, representation or
holding out.

(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 6 and
to imprisonment for 6 months.

Section: 45 Protection of informers L.N. 206 of 2006 01/12/2006


(1) Except as provided in subsection (3)—
(a) no information on the identity of an informer relating to an offence under this Ordinance shall be

admitted in evidence in any civil or criminal proceedings; and
(b) a witness in any civil or criminal proceedings is not obliged or permitted—

(i) to disclose the name or address of any informer who has given information to the Director, any
authorized officer or the police with respect to an offence under this Ordinance, or the name or
address of any person who has assisted the Director, any authorized officer or the police in any
way with respect to such an offence; or

(ii) to answer any question if the answer would lead, or would tend to lead, to discovery of the name
or address of such informer or person,

if, in either case, the informer or the person is not himself a witness in such proceedings.
(2) If any books, documents or papers that are in evidence or liable to inspection in any civil or criminal

proceedings contain an entry in which an informer or person referred to in subsection (1)(b)(i) is named or described



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 15

or that might lead to his discovery, the court or magistrate shall cause all such passages to be concealed from view or
to be obliterated so far as may be necessary to protect the informer or the person, as the case may be, from discovery.

(3) If—
(a) in any proceedings for an offence under this Ordinance the court or magistrate, after full inquiry into

the case, is satisfied that an informer made a material statement that the informer knew or believed to
be false or did not believe to be true; or

(b) in any other proceedings the court or magistrate is of opinion that justice cannot be fully done between
the parties concerned without disclosure of the name of an informer or of a person who has assisted the
Director, any authorized officer or the police,

the court or magistrate may require the production of the original information and permit inquiry and require full
disclosure concerning the informer or the person.

Section: 46 Appeals to Administrative Appeals Board L.N. 206 of 2006 01/12/2006


(1) A person aggrieved by a decision of the Director relating to—
(a) the refusal to issue a licence under section 23;
(b) an application to extend or renew a licence under section 24;
(c) an application to vary a licence under section 24;
(d) any condition specified in a licence issued under section 23 or extended, renewed or varied under

section 24; or
(e) the cancellation of a licence under section 26,

may, within 21 days of receiving notice of the decision, appeal to the Administrative Appeals Board against the
decision.

(2) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(b), the licence
concerned shall, despite the expiry of its period of validity, be treated as continuing in force subject to its conditions
until the determination of the appeal by the Administrative Appeals Board.

(3) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(c), the licence
concerned shall not be varied pending the determination of the appeal by the Administrative Appeals Board.

(4) Where the appeal is against a decision relating to a matter mentioned in subsection (1)(d) or (e), the
decision shall not become effective pending the determination of the appeal by the Administrative Appeals Board.

Section: 47 Exemption orders L.N. 206 of 2006 01/12/2006


(1) For the purposes of enabling any part of the Convention, or of a Convention instrument, relating to an
exemption in respect of the import, introduction from the sea, export or re-export of any Appendix I species to have
the force of law in Hong Kong, the Chief Executive in Council may, by order published in the Gazette, exempt from
the application of section 5, 6, 7 or 8, either generally or for any purposes or by reference to any circumstances, and
either conditionally or unconditionally—

(a) any person or any group or description of persons; or
(b) any specimen of any Appendix I species, or of any group or description of such species.

(2) For the purposes of enabling any part of the Convention, or of a Convention instrument, relating to an
exemption in respect of the import, introduction from the sea, export or re-export of any Appendix II species or
Appendix III species to have the force of law in Hong Kong, the Secretary may, by order published in the Gazette,
exempt from the application of section 11, 12, 13 or 14, as the case may be, either generally or for any purposes or by
reference to any circumstances, and either conditionally or unconditionally—

(a) any person or any group or description of persons; or
(b) any specimen of any Appendix II species or Appendix III species, or of any group or description of

such species.
(3) The Chief Executive in Council may, in relation to the possession or control of any Appendix I species, by

order published in the Gazette, exempt from the application of section 9, either generally or for any purposes or by
reference to any circumstances, or in any particular case, and either conditionally or unconditionally—

(a) any person or any group or description of persons; or
(b) any specimen of any Appendix I species, or of any group or description of such species.

(4) Without contravening any requirement under the Convention, the Secretary may, in relation to the import of



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 16

any live specimen of Appendix II species, by order published in the Gazette, exempt from the application of section
11, either generally or for any purposes or by reference to any circumstances, or in any particular case, and either
conditionally or unconditionally—

(a) any person or any group or description of persons; or
(b) any specimen of any Appendix II species, or of any group or description of such species.

(5) The Secretary may, in relation to the possession or control of any Appendix II species, by order published
in the Gazette, exempt from the application of section 15, either generally or for any purposes or by reference to any
circumstances, or in any particular case, and either conditionally or unconditionally—

(a) any person or any group or description of persons; or
(b) any specimen of any Appendix II species, or of any group or description of such species.


Section: 48 Power to amend Schedules L.N. 206 of 2006 01/12/2006


(1) The Secretary may, by order published in the Gazette, amend any Schedule.
(2) If, at the commencement of an order amending Schedule 1—

(a) a person has in his possession or under his control a specimen of an Appendix I species or Appendix II
species; and

(b) section 9(1) or 15(1) does not apply to the specimen prior to that commencement,
section 9(1) or 15(1), as the case may be, shall apply in respect of the specimen only on the expiry of 3 months after
that commencement unless otherwise stated in the order.

Section: 49 Advisory Committee L.N. 206 of 2006 01/12/2006


(1) The Chief Executive may establish an Advisory Committee consisting of such members as he may appoint.
(2) The Advisory Committee shall advise the Director upon any question that he may refer to it in connection

with the administration of this Ordinance.
(3) The Advisory Committee established under section 14 of the repealed Ordinance shall be treated as the

Advisory Committee established under this section.
(4) A person who was, immediately before the commencement of this section, a member of the Advisory

Committee established under section 14 of the repealed Ordinance shall be treated as a member of the Advisory
Committee established under this section on the same terms and conditions as applied to the person immediately
before that commencement.

Section: 50 Director and authorized officers to be subject to Chief

Executive's directions
L.N. 206 of 2006 01/12/2006



(1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case,
with respect to the exercise or performance by the Director or an authorized officer of any powers or duties under this
Ordinance.

(2) The Director and every authorized officer shall, in the exercise or performance of any powers or duties
under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).

Section: 51 Director empowered to specify forms L.N. 206 of 2006 01/12/2006


The Director may specify any form to be used for the purposes of this Ordinance.

Section: 52 Issue of re-export certificates L.N. 206 of 2006 01/12/2006


The Director may, on application made to him in the specified form and on payment of the fee prescribed in
Schedule 2, issue a re-export certificate in respect of an animal or plant, or any part or derivative of an animal or plant
for the purpose of facilitating the applicant's compliance with a requirement imposed in relation to the Convention by
any Party.




Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 17

Section: 53 Power of Secretary to make regulations L.N. 206 of 2006 01/12/2006


The Secretary may by regulation provide for—
(a) the registration of any scientific institution for the purposes of this Ordinance;
(b) any matter so as to enable any part of a Convention instrument to have the force of law in Hong Kong

with or without modification; and
(c) any matter ancillary or incidental to those specified in paragraphs (a) and (b).


Part: 9 REPEAL OF ANIMALS AND PLANTS (PROTECTION

OF ENDANGERED SPECIES) ORDINANCE AND ITS
SUBSIDIARY LEGISLATION AND TRANSITIONAL
PROVISIONS

L.N. 206 of 2006 01/12/2006





Section: 54 Repeal of Animals and Plants (Protection of Endangered
Species) Ordinance

L.N. 206 of 2006 01/12/2006



The Animals and Plants (Protection of Endangered Species) Ordinance (Cap 187) and the Animals and Plants
(Protection of Endangered Species) (Exemption) Order (Cap 187 sub. leg. A) are repealed.

Section: 55 Transitional provisions relating to Animals and Plants

(Protection of Endangered Species) Ordinance
L.N. 206 of 2006 01/12/2006



(1) In this section, "relevant date" (有關日期) means the date of commencement of this Ordinance.
(2) If, immediately before the relevant date, there was a pending application for—

(a) a former licence; or
(b) an extension, a renewal or a variation of a former licence,

the application shall be treated as an application for a licence made under section 23(1)(a), (b), (c), (d) or (e), as the
case may be.

(3) A former licence that is in force immediately before the relevant date—
(a) shall be treated as a licence issued under section 23(1)(a), (b), (c), (d) or (e), as the case may be; and
(b) subject to section 26, continues in force until the expiration of the period of validity specified in the

licence.
(4) A right of appeal subsisting under section 17 of the repealed Ordinance immediately before the relevant

date shall be treated as a right of appeal against a decision to the Administrative Appeals Board under section 46(1)(a),
(b), (c), (d) or (e), as the case may be.

(5) An appeal pending under section 17 of the repealed Ordinance immediately before the relevant date shall be
treated and disposed of as if it were an appeal against a decision pending to the Administrative Appeals Board under
section 46(1)(a), (b), (c), (d) or (e), as the case may be.

(6) If—
(a) immediately before the relevant date a person had in his possession or under his control a specimen of

an Appendix I species or Appendix II species; and
(b) there was no licensing requirement in respect of that specimen under section 6 of the repealed

Ordinance in force immediately before the relevant date,
section 9(1) or 15(1), as the case may be, shall apply in respect of that specimen only on the expiry of 6 months after
the relevant date.

Part: 10 CONSEQUENTIAL AMENDMENTS L.N. 206 of 2006 01/12/2006




Section: 56 (Omitted as spent) 02/12/2006






Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 18

Section: 57 (Omitted as spent) 02/12/2006




Section: 58 (Omitted as spent) 02/12/2006




Schedule: 1 SCHEDULED SPECIES E.R. 2 of 2015 07/07/2015


[sections 2 & 48]


PART 1


INTERPRETATION OF THE APPENDICES


1. Species included in the Appendices are referred to—
(a) by the name of the species; or
(b) as being all of the species included in a higher taxon or designated part in that taxon.


2. The abbreviation "spp." is used to denote all species of a higher taxon.

3. Other references to taxa higher than species are for the purposes of information or classification only. Common
names in English, if known, are included within angle brackets (< >) after scientific names in the English text of this
Ordinance. Common names in Chinese or Chinese translations of scientific names, if known, are included within
angle brackets (< >) after scientific names in the Chinese text of this Ordinance. The common names included after
the scientific names of orders, families and genera are intended to indicate the species within the order, family or
genus concerned that are included in the Appendices.

4. The following abbreviations are used for plant taxa below the level of species—

(a) "ssp." is used to denote subspecies; and
(b) "var(s)." is used to denote variety (varieties).


5. As none of the species or higher taxa of FLORA included in Appendix I is annotated to the effect that its hybrids
shall be treated in accordance with the provisions of Article III of the Convention, this means that artificially
propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial
propagation, and that seeds and pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in
solid or liquid media, transported in sterile containers of these hybrids are not subject to the provisions of this
Ordinance.

6. The names of the places in parentheses placed against the names of species in Appendix III are those of the
Parties submitting these species for inclusion in that Appendix.

7. When a species is included in one of the Appendices, all parts and derivatives of the species are also included in
the same Appendix unless the species is annotated to indicate that only specific parts and derivatives are included.
The symbol (#) followed by a number placed against the name of an Appendix II species or Appendix III species
designates parts or derivatives that are specified in relation to that species for the purposes of this Ordinance as
follows–
#1 Designates all parts and derivatives, except–

(a) seeds, spores and pollen (including pollinia);
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;
(c) cut flowers of artificially propagated plants; and
(d) fruits, parts of fruits, and derivatives of fruits, of artificially propagated plants of the genus Vanilla.

#2 Designates all parts and derivatives, except–
(a) seeds and pollen; and
(b) finished products packaged and ready for retail trade.



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 19

#3 Designates whole and sliced roots and parts of roots excluding manufactured parts or derivatives such as
powders, pills, extracts, tonics, teas and confectionery. (Amended L.N. 98 of 2014)
#4 Designates all parts and derivatives, except–

(a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not
apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix
madagascariensis and Neodypsis decaryi exported from Madagascar; (Replaced L.N. 36 of 2011)

(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;
(Amended L.N. 36 of 2011; L.N. 98 of 2014)

(c) cut flowers of artificially propagated plants;
(d) fruits, parts of fruits, and derivatives of fruits, of naturalized or artificially propagated plants of the genus

Vanilla (Orchidaceae) and of the family Cactaceae; (Amended L.N. 36 of 2011)
(e) stems, flowers, and parts and derivatives of them, of naturalized or artificially propagated plants of the

genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and (Replaced L.N. 36 of 2011)
(f) finished products of Euphorbia antisyphilitica packaged and ready for retail trade. (Added L.N. 36 of

2011)
#5 Designates logs, sawn wood and veneer sheets.
#6 Designates logs, sawn wood, veneer sheets and plywood.
#7 Designates logs, woodchips, powder and extracts. (Amended L.N. 98 of 2014)
#8 Designates underground parts (i.e. roots, rhizomes): whole, parts and powdered.
#9 Designates all parts and derivatives except those bearing a label “Produced from Hoodia spp. material obtained
through controlled harvesting and production under the terms of an agreement with the relevant CITES Management
Authority of [Botswana under agreement No. BW/xxxxxx][Namibia under agreement No. NA/xxxxxx][South Africa
under agreement No. ZA/xxxxxx]”. (Replaced L.N. 98 of 2014)
#10 Designates logs, sawn wood and veneer sheets, including unfinished wood articles used for the fabrication of
bows for stringed musical instruments.
#11 Designates logs, sawn wood, veneer sheets, plywood, powder and extracts.
#12 Designates logs, sawn wood, veneer sheets, plywood and extracts. Finished products containing those extracts as
ingredients, including fragrances, are not covered by this annotation. (Added L.N. 36 of 2011. Amended L.N. 98 of
2014)
#13 Designates kernel (also known as “endosperm”, “pulp” or “copra”) and derivatives of them. (Added
L.N. 36 of 2011. Amended L.N. 98 of 2014)
#14 Designates all parts and derivatives, except–

(a) seeds and pollen;
(b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;
(c) fruits;
(d) leaves;
(e) exhausted agarwood powder, including compressed powder in all shapes; and
(f) finished products packaged and ready for retail trade (excluding beads, prayer beads and carvings). (Added

L.N. 98 of 2014)

8. For the purposes of section 7 of this Part–

(a) an extract is a substance obtained directly from plant material by physical or chemical means
regardless of the manufacturing process; and

(b) an extract may be in the form of solid (such as crystals, resin, fine particles and coarse particles), semi-
solid (such as gums and waxes) or liquid (such as solutions, tinctures, oil and essential oils). (Added
L.N. 98 of 2014)


9. For the purposes of section 7 of this Part, products, shipped singly or in bulk for final use or retail trade
(purpose), are finished products packaged and ready for retail trade if–

(a) the products do not require any further processing for the purpose;
(b) the products are both packaged and labelled for the purpose; and
(c) the products are in a state fit for being sold to or used by the general public. (Added L.N. 98 of 2014)


10. For the purposes of section 7 of this Part–



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 20

powder (粉末) means a dry, solid substance in the form of fine particles or coarse particles;
woodchips (木片) means wood that has been reduced to small pieces. (Added L.N. 98 of 2014)

(Replaced L.N. 4 of 2009)


PART 2


APPENDICES



Appendix I Appendix II Appendix III

F A U N A
P H Y L U M C H O R D A T A

CLASS MAMMALIA


ARTIODACTYLA
Antilocapridae
Antilocapra americana
(Only the population of Mexico; no other
population is included in the Appendices)



Bovidae
Addax nasomaculatus
Ammotragus lervia


Antilope cervicapra
(Nepal,
Pakistan)

Bison bison athabascae



Bos gaurus (Excludes the
domesticated form, which is referenced as Bos
frontalis, and is not subject to the provisions of this
Ordinance)



Bos mutus (Excludes the domesticated
form, which is referenced as Bos grunniens, and is
not subject to the provisions of this Ordinance)



Bos sauveli
Boselaphus tragocamelus

(Pakistan)
Bubalus arnee (Nepal)
(Excludes the domesticated
form, which is referenced
as Bubalus bubalis)

Bubalus depressicornis
Bubalus mindorensis
Bubalus quarlesi
Budorcas taxicolor
Capra falconeri
Capra hircus aegagrus

(Pakistan)
Capra sibirica (Pakistan)
Capricornis milneedwardsii
Capricornis rubidus



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 21

Capricornis sumatraensis
Capricornis thar
Cephalophus brookei
Cephalophus dorsalis


Cephalophus jentinki
Cephalophus ogilbyi


Cephalophus silvicultor




Cephalophus zebra



Damaliscus pygargus pygargus




Gazella bennettii
(Pakistan)

Gazella cuvieri
Gazella dorcas (Algeria, Tunisia)
Gazella leptoceros
Hippotragus niger variani
Kobus leche
Naemorhedus baileyi
Naemorhedus caudatus
Naemorhedus goral
Naemorhedus griseus
Nanger dama
Oryx dammah
Oryx leucoryx
Ovis ammon (Except

the subspecies included in
Appendix I)



Ovis ammon hodgsonii
Ovis ammon nigrimontana
Ovis canadensis (Only the population of
Mexico; no other population is
included in the Appendices)



Ovis orientalis ophion



Ovis vignei (Except the subspecies
included in Appendix I)



Ovis vignei vignei
Pantholops hodgsonii
Philantomba monticola


Pseudois nayaur (Pakistan)
Pseudoryx nghetinhensis
Rupicapra pyrenaica ornata




Saiga borealis
Saiga tatarica
Tetracerus quadricornis

(Nepal)

Camelidae
Lama guanicoe
Vicugna vicugna (Except the
populations of Argentina [the populations of the
Provinces of Jujuy and Catamarca and the semi-
captive populations of the Provinces of Jujuy, Salta,
Catamarca, La Rioja and San Juan]; Plurinational
State of Bolivia [the whole population]; Chile
[population of the Primera Región]; Ecuador [the
whole population]; and Peru [the whole
population]; which are included in Appendix II)



Vicugna vicugna
(Only the populations of
Argentina1 [the populations of
the Provinces of Jujuy and
Catamarca and the semi-captive
populations of the Provinces of
Jujuy, Salta, Catamarca, La
Rioja and San Juan];
Plurinational State of Bolivia2
[the whole population]; Chile3
[population of the Primera Regió
n]; Ecuador3A [the whole
population]; and Peru4 [the
whole population]; all other
populations are included in
Appendix I)



Cervidae
Axis calamianensis
Axis kuhlii
Axis porcinus (Except the

subspecies included in
Appendix I) (Pakistan)

Axis porcinus annamiticus



Blastocerus dichotomus
Cervus elaphus bactrianus




Cervus elaphus barbarus
(Algeria, Tunisia)

Cervus elaphus hanglu
Dama dama mesopotamica



Hippocamelus spp.
Mazama temama cerasina


(Guatemala)



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 23

Muntiacus crinifrons
Muntiacus vuquangensis
Odocoileus virginianus

mayensis
(Guatemala)

Ozotoceros bezoarticus
Pudu mephistophiles


Pudu puda
Rucervus duvaucelii
Rucervus eldii
Hippopotamidae
Hexaprotodon liberiensis




Hippopotamus amphibius




Moschidae
Moschus spp. (Only the populations
of Afghanistan, Bhutan, India, Myanmar, Nepal
and Pakistan; all other populations are included in
Appendix II)



Moschus spp.
(Except the populations of
Afghanistan, Bhutan, India,
Myanmar, Nepal and Pakistan,
which are included in Appendix
I)



Suidae
Babyrousa babyrussa
Babyrousa bolabatuensis
Babyrousa celebensis
Babyrousa togeanensis
Sus salvanius
Tayassuidae
Tayassuidae spp.

(Except the species included in
Appendix I and the populations
of Pecari tajacu of Mexico and
the United States of America,
which are not included in the
Appendices)



Catagonus wagneri
CARNIVORA
Ailuridae
Ailurus fulgens
Canidae
Canis aureus (India)
Canis lupus (Only
the populations of Bhutan, India, Nepal and
Pakistan; all other populations are included in
Appendix II. Excludes the domesticated form and





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 24

the dingo which are referenced as Canis lupus
familiaris and Canis lupus dingo)
Canis lupus (Except the
populations of Bhutan, India,
Nepal and Pakistan, which are
included in Appendix I.
Excludes the domesticated form
and the dingo which are
referenced as Canis lupus
familiaris and Canis lupus
dingo)



Cerdocyon thous



Chrysocyon brachyurus



Cuon alpinus



Lycalopex culpaeus



Lycalopex fulvipes
Lycalopex griseus


Lycalopex gymnocercus




Speothos venaticus
Vulpes bengalensis

(India)
Vulpes cana
Vulpes vulpes griffithi

(India)
Vulpes vulpes montana


(India)

Vulpes vulpes pusilla (India)

Vulpes zerda

Eupleridae
Cryptoprocta ferox
Eupleres goudotii
Fossa fossana
Felidae
Felidae spp. (Except the

species included in Appendix I.
Specimens of the domesticated
form are not subject to the
provisions of this Ordinance)



Acinonyx jubatus (Annual export
quotas for live specimens and hunting trophies are
granted as follows: Botswana: 5; Namibia: 150;
Zimbabwe: 50. The trade in such specimens is
subject to the provisions of this Ordinance)





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 25

Caracal caracal (Only the
population of Asia; all other populations are
included in Appendix II)



Catopuma temminckii
Felis nigripes
Leopardus geoffroyi
Leopardus jacobitus
Leopardus pardalis
Leopardus tigrinus
Leopardus wiedii
Lynx pardinus
Neofelis nebulosa
Panthera leo persica
Panthera onca
Panthera pardus
Panthera tigris
Pardofelis marmorata
Prionailurus bengalensis bengalensis (Only the populations of Bangladesh,
India and Thailand; all other populations are
included in Appendix II)



Prionailurus planiceps
Prionailurus rubiginosus
(Only the population of India; all other populations
are included in Appendix II)



Puma concolor coryi



Puma concolor costaricensis



Puma concolor couguar



Puma yagouaroundi (Only
the populations of Central and North America; all
other populations are included in Appendix II)



Uncia uncia
Herpestidae

Herpestes edwardsi

(India, Pakistan)

Herpestes fuscus (India)

Herpestes javanicus
(Pakistan)

Herpestes javanicus
auropunctatus (India)

Herpestes smithii (India)

Herpestes urva (India)

Herpestes vitticollis
(India)



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 26

Hyaenidae
Hyaena hyaena (Pakistan)
Proteles cristata

(Botswana)
Mephitidae
Conepatus humboldtii





Mustelidae
Lutrinae
Lutrinae spp. (Except

the species included in Appendix
I)



Aonyx capensis microdon (Only the populations of Cameroon and
Nigeria; all other populations are included in
Appendix II)



Enhydra lutris nereis



Lontra felina
Lontra longicaudis



Lontra provocax
Lutra lutra
Lutra nippon
Pteronura brasiliensis
Mustelinae
Eira barbara

(Honduras)
Galictis vittata (Costa Rica)
Martes flavigula
(India)

Martes foina intermedia
(India)

Martes gwatkinsii
(India)

Mellivora capensis

(Botswana)

Mustela altaica

(India)

Mustela erminea
ferghanae
(India)

Mustela kathiah (India)

Mustela nigripes
Mustela sibirica



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 27

(India)
Odobenidae
Odobenus rosmarus

(Canada)
Otariidae
Arctocephalus spp. (Except the species
included in Appendix I)



Arctocephalus townsendi
Phocidae
Mirounga leonina


Monachus spp.
Procyonidae
Bassaricyon gabbii


(Costa Rica)

Bassariscus sumichrasti
(Costa Rica)

Nasua narica
(Honduras)

Nasua nasua solitaria

(Uruguay)

Potos flavus
(Honduras)

Ursidae
Ursidae spp. (Except

the species included in Appendix
I)



Ailuropoda melanoleuca
Helarctos malayanus
Melursus ursinus
Tremarctos ornatus



Ursus arctos (Only the populations
of Bhutan, China, Mexico and Mongolia; all other
populations are included in Appendix II)



Ursus arctos isabellinus
Ursus thibetanus
Viverridae
Arctictis binturong

(India)
Civettictis civetta


(Botswana)

Cynogale bennettii
Hemigalus derbyanus


Paguma larvata (India)

Paradoxurus



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 28

hermaphroditus

(India)

Paradoxurus jerdoni

(India)

Prionodon linsang



Prionodon pardicolor
Viverra civettina

(India)

Viverra zibetha (India)

Viverricula indica (India)

CETACEA
CETACEA spp.
(Except the species included in
Appendix I. A zero annual
export quota has been
established for live specimens
from the Black Sea population of
Tursiops truncatus removed from
the wild and traded for primarily
commercial purposes)



Balaenidae

Balaena mysticetus



Eubalaena spp.
Balaenopteridae
Balaenoptera acutorostrata (Except the population of West Greenland,
which is included in Appendix II)



Balaenoptera bonaerensis
Balaenoptera borealis
Balaenoptera edeni
Balaenoptera musculus
Balaenoptera omurai
Balaenoptera physalus



Megaptera novaeangliae



Delphinidae
Orcaella brevirostris
Orcaella heinsohni
Sotalia spp.
Sousa spp.
Eschrichtiidae
Eschrichtius robustus



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 29

Iniidae
Lipotes vexillifer
Neobalaenidae
Caperea marginata
Phocoenidae
Neophocaena phocaenoides



Phocoena sinus
Physeteridae
Physeter macrocephalus
Platanistidae
Platanista spp.
Ziphiidae
Berardius spp.
Hyperoodon spp.
CHIROPTERA
Phyllostomidae
Platyrrhinus lineatus


(Uruguay)

Pteropodidae
Acerodon spp.

(Except the species included in
Appendix I)



Acerodon jubatus
Pteropus spp.

(Except Pteropus brunneus
and the
species included in Appendix I)



Pteropus insularis
Pteropus loochoensis
Pteropus mariannus
Pteropus molossinus
Pteropus pelewensis
Pteropus pilosus
Pteropus samoensis
Pteropus tonganus
Pteropus ualanus
Pteropus yapensis
CINGULATA
Dasypodidae
Cabassous centralis

(Costa Rica)

Cabassous tatouay
(Uruguay)

Chaetophractus nationi (A zero annual
export quota has been
established. All specimens shall
be deemed to be specimens of
species included in Appendix I)





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 30

Priodontes maximus
DASYUROMORPHIA
Dasyuridae
Sminthopsis longicaudata
Sminthopsis psammophila



DIPROTODONTIA
Macropodidae
Dendrolagus inustus


Dendrolagus ursinus



Lagorchestes hirsutus
Lagostrophus fasciatus
Onychogalea fraenata
Phalangeridae
Phalanger intercastellanus




Phalanger mimicus



Phalanger orientalis



Spilocuscus kraemeri



Spilocuscus maculatus



Spilocuscus papuensis



Potoroidae
Bettongia spp.
Vombatidae
Lasiorhinus krefftii
LAGOMORPHA
Leporidae
Caprolagus hispidus
Romerolagus diazi
MONOTREMATA
Tachyglossidae
Zaglossus spp.


PERAMELEMORPHIA
Peramelidae
Perameles bougainville
Thylacomyidae
Macrotis lagotis
PERISSODACTYLA
Equidae
Equus africanus (Excludes the
domesticated form, which is referenced as Equus
asinus, and is not subject to the provisions of this
Ordinance)



Equus grevyi



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 31

Equus hemionus (Except the subspecies
included in Appendix I)



Equus hemionus hemionus



Equus hemionus khur
Equus kiang
Equus przewalskii



Equus zebra hartmannae




Equus zebra zebra
Rhinocerotidae
Rhinocerotidae spp. (Except the
subspecies included in Appendix II)



Ceratotherium simum simum
(Only the
populations of South Africa and
Swaziland; all other populations
are included in Appendix I. For
the exclusive purpose of allowing
international trade in live animals
to appropriate and acceptable
destinations and hunting trophies.
All other specimens shall be
deemed to be specimens of
species included in Appendix I)



Tapiridae
Tapiridae spp. (Except the species
included in Appendix II)



Tapirus terrestris



PHOLIDOTA
Manidae
Manis spp. (A zero

annual export quota has been
established for Manis
crassicaudata, M. culionensis, M.
javanica and M. pentadactyla for
specimens removed from the wild
and traded for primarily
commercial purposes)



PILOSA
Bradypodidae
Bradypus pygmaeus


Bradypus variegatus



Megalonychidae
Choloepus hoffmanni

(Costa Rica)



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 32


Myrmecophagidae
Myrmecophaga tridactyla




Tamandua mexicana

(Guatemala)

PRIMATES
PRIMATES spp. (Except the
species included in Appendix I)



Atelidae
Alouatta coibensis
Alouatta palliata
Alouatta pigra
Ateles geoffroyi frontatus



Ateles geoffroyi panamensis



Brachyteles arachnoides
Brachyteles hypoxanthus
Oreonax flavicauda



Cebidae
Callimico goeldii
Callithrix aurita
Callithrix flaviceps
Leontopithecus spp.
Saguinus bicolor
Saguinus geoffroyi
Saguinus leucopus
Saguinus martinsi



Saguinus oedipus
Saimiri oerstedii



Cercopithecidae
Cercocebus galeritus
Cercopithecus diana
Cercopithecus roloway
Macaca silenus
Mandrillus leucophaeus
Mandrillus sphinx
Nasalis larvatus
Piliocolobus kirkii
Piliocolobus rufomitratus
Presbytis potenziani
Pygathrix spp.
Rhinopithecus spp.
Semnopithecus ajax
Semnopithecus dussumieri





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 33

Semnopithecus entellus
Semnopithecus hector
Semnopithecus hypoleucos



Semnopithecus priam
Semnopithecus schistaceus
Simias concolor



Trachypithecus geei
Trachypithecus pileatus
Trachypithecus shortridgei



Cheirogaleidae
Cheirogaleidae spp.
Daubentoniidae
Daubentonia madagascariensis
Hominidae
Gorilla beringei
Gorilla gorilla
Pan spp.
Pongo abelii
Pongo pygmaeus
Hylobatidae
Hylobatidae spp.
Indriidae
Indriidae spp.
Lemuridae
Lemuridae spp.
Lepilemuridae
Lepilemuridae spp.
Lorisidae
Nycticebus spp.
Pitheciidae
Cacajao spp.
Chiropotes albinasus
PROBOSCIDEA
Elephantidae
Elephas maximus
Loxodonta africana (Except the
populations of Botswana, Namibia, South Africa
and Zimbabwe, which are included in Appendix II)



Loxodonta africana5 (Only the populations
of Botswana, Namibia, South
Africa and Zimbabwe; all other
populations are included in
Appendix I)



RODENTIA
Chinchillidae
Chinchilla spp. (Specimens of the
domesticated form are not subject to the provisions
of this Ordinance)





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 34

Cuniculidae
Cuniculus paca


(Honduras)

Dasyproctidae
Dasyprocta punctata

(Honduras)

Erethizontidae
Sphiggurus mexicanus

(Honduras)

Sphiggurus spinosus

(Uruguay)

Muridae
Leporillus conditor
Pseudomys fieldi praeconis
Xeromys myoides
Zyzomys pedunculatus
Sciuridae
Cynomys mexicanus
Marmota caudata


(India)

Marmota himalayana

(India)

Ratufa spp.
Sciurus deppei


(Costa Rica)

SCANDENTIA

SCANDENTIA spp.



SIRENIA
Dugongidae
Dugong dugon
Trichechidae
Trichechus inunguis
Trichechus manatus



Trichechus senegalensis



CLASS AVES


ANSERIFORMES
Anatidae
Anas aucklandica
Anas bernieri
Anas chlorotis





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 35

Anas formosa
Anas laysanensis
Anas nesiotis



Asarcornis scutulata
Branta canadensis leucopareia



Branta ruficollis



Branta sandvicensis
Cairina moschata


(Honduras)

Coscoroba coscoroba




Cygnus melancoryphus



Dendrocygna arborea



Dendrocygna
autumnalis
(Honduras)

Dendrocygna bicolor

(Honduras)

Oxyura leucocephala



Rhodonessa caryophyllacea
(possibly extinct)



Sarkidiornis melanotos



APODIFORMES
Trochilidae
Trochilidae spp.

(Except the
species included in Appendix I)



Glaucis dohrnii
CHARADRIIFORMES
Burhinidae
Burhinus bistriatus

(Guatemala)

Laridae
Larus relictus
Scolopacidae
Numenius borealis
Numenius tenuirostris
Tringa guttifer
CICONIIFORMES
Balaenicipitidae
Balaeniceps rex




Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 36

Ciconiidae
Ciconia boyciana
Ciconia nigra
Jabiru mycteria
Mycteria cinerea
Phoenicopteridae
Phoenicopteridae spp.




Threskiornithidae
Eudocimus ruber
Geronticus calvus
Geronticus eremita
Nipponia nippon



Platalea leucorodia



COLUMBIFORMES
Columbidae
Caloenas nicobarica
Ducula mindorensis
Gallicolumba luzonica




Goura spp.
Nesoenas mayeri (Mauritius)

CORACIIFORMES
Bucerotidae
Aceros spp. (Except

the species included in
Appendix I)



Aceros nipalensis
Anorrhinus spp.
Anthracoceros spp.
Berenicornis spp.
Buceros spp.

(Except the species included in
Appendix I)



Buceros bicornis



Penelopides spp.
Rhinoplax vigil
Rhyticeros spp.

(Except the species included in
Appendix I)



Rhyticeros subruficollis



CUCULIFORMES
Musophagidae
Tauraco spp.
FALCONIFORMES
FALCONIFORMES spp.



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 37

(Except Caracara
lutosa ,
and the species of the family
Cathartidae, which are not
included in the Appendices; and
the species included in
Appendices I and III)

Accipitridae
Aquila adalberti
Aquila heliaca



Chondrohierax uncinatus wilsonii



Haliaeetus albicilla



Harpia harpyja
Pithecophaga jefferyi
Cathartidae
Gymnogyps californianus
Sarcoramphus papa


(Honduras)

Vultur gryphus
Falconidae
Falco araeus
Falco jugger
Falco newtoni (Only the population of Seychelles)



Falco pelegrinoides
Falco peregrinus
Falco punctatus
Falco rusticolus
GALLIFORMES
Cracidae
Crax alberti (Colombia)
Crax blumenbachii



Crax daubentoni
(Colombia)

Crax globulosa (Colombia)

Crax rubra (Colombia,
Costa Rica, Guatemala,
Honduras)

Mitu mitu



Oreophasis derbianus





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 38

Ortalis vetula (Guatemala,
Honduras)

Pauxi pauxi (Colombia)

Penelope albipennis
Penelope purpurascens


(Honduras)

Penelopina nigra

(Guatemala)

Pipile jacutinga



Pipile pipile



Megapodiidae
Macrocephalon maleo
Phasianidae
Argusianus argus


Catreus wallichii
Colinus virginianus ridgwayi
Crossoptilon crossoptilon
Crossoptilon mantchuricum



Gallus sonneratii



Ithaginis cruentus



Lophophorus impejanus
Lophophorus lhuysii



Lophophorus sclateri



Lophura edwardsi
Lophura leucomelanos


(Pakistan)

Lophura swinhoii
Meleagris ocellata


(Guatemala)

Pavo cristatus (Pakistan)
Pavo muticus
Polyplectron bicalcaratum





Polyplectron germaini




Polyplectron malacense






Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 39

Polyplectron napoleonis



Polyplectron schleiermacheri




Pucrasia macrolopha
(Pakistan)

Rheinardia ocellata
Syrmaticus ellioti



Syrmaticus humiae
Syrmaticus mikado
Tetraogallus caspius
Tetraogallus tibetanus
Tragopan blythii
Tragopan caboti
Tragopan melanocephalus



Tragopan satyra

(Nepal)

Tympanuchus cupido attwateri




GRUIFORMES
Gruidae
Gruidae spp. (Except

the species included in
Appendix I)



Grus americana
Grus canadensis nesiotes
Grus canadensis pulla
Grus japonensis



Grus leucogeranus
Grus monacha
Grus nigricollis
Grus vipio
Otididae
Otididae spp.

(Except the species included in
Appendix I)



Ardeotis nigriceps
Chlamydotis macqueenii
Chlamydotis undulata
Houbaropsis bengalensis



Rallidae
Gallirallus sylvestris
Rhynochetidae
Rhynochetos jubatus
PASSERIFORMES
Atrichornithidae



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 40

Atrichornis clamosus
Cotingidae
Cephalopterus ornatus


(Colombia)

Cephalopterus
penduliger
(Colombia)

Cotinga maculata
Rupicola spp.


Xipholena atropurpurea

Emberizidae
Gubernatrix cristata




Paroaria capitata




Paroaria coronata




Tangara fastuosa




Estrildidae
Amandava formosa


Lonchura oryzivora



Poephila cincta cincta




Fringillidae
Carduelis cucullata
Carduelis yarrellii


Hirundinidae
Pseudochelidon sirintarae



Icteridae
Xanthopsar flavus
Meliphagidae
Lichenostomus melanops cassidix



Muscicapidae
Acrocephalus

rodericanus
(Mauritius)

Cyornis ruckii
Dasyornis broadbenti litoralis (possibly extinct)



Dasyornis longirostris
Garrulax canorus

Garrulax taewanus



Leiothrix argentauris



Leiothrix lutea



Liocichla omeiensis



Picathartes gymnocephalus



Picathartes oreas



Terpsiphone
bourbonnensis
(Mauritius)

Paradisaeidae
Paradisaeidae spp.


Pittidae
Pitta guajana
Pitta gurneyi
Pitta kochi
Pitta nympha
Pycnonotidae
Pycnonotus zeylanicus



Sturnidae
Gracula religiosa
Leucopsar rothschildi
Zosteropidae
Zosterops albogularis



PELECANIFORMES
Fregatidae
Fregata andrewsi
Pelecanidae
Pelecanus crispus
Sulidae
Papasula abbotti
PICIFORMES
Capitonidae
Semnornis ramphastinus


(Colombia)



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 42

Picidae
Dryocopus javensis richardsi



Ramphastidae
Baillonius bailloni


(Argentina)

Pteroglossus aracari



Pteroglossus castanotis

(Argentina)

Pteroglossus viridis



Ramphastos dicolorus

(Argentina)

Ramphastos sulfuratus



Ramphastos toco



Ramphastos tucanus



Ramphastos vitellinus




Selenidera maculirostris

(Argentina)

PODICIPEDIFORMES
Podicipedidae
Podilymbus gigas
PROCELLARIIFORMES
Diomedeidae
Phoebastria albatrus
PSITTACIFORMES
PSITTACIFORMES spp.


(Except the species included in
Appendix I and Agapornis
roseicollis, Melopsittacus
undulatus, Nymphicus
hollandicus and Psittacula
krameri, which are not included
in the Appendices)



Cacatuidae
Cacatua goffiniana
Cacatua haematuropygia



Cacatua moluccensis
Cacatua sulphurea



Probosciger aterrimus



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 43

Loriidae
Eos histrio
Vini ultramarina
Psittacidae
Amazona arausiaca
Amazona auropalliata
Amazona barbadensis



Amazona brasiliensis
Amazona finschi
Amazona guildingii
Amazona imperialis
Amazona leucocephala



Amazona oratrix
Amazona pretrei
Amazona rhodocorytha
Amazona tucumana



Amazona versicolor
Amazona vinacea
Amazona viridigenalis
Amazona vittata
Anodorhynchus spp.
Ara ambiguus
Ara glaucogularis
Ara macao
Ara militaris
Ara rubrogenys
Cyanopsitta spixii



Cyanoramphus cookii
Cyanoramphus forbesi



Cyanoramphus novaezelandiae



Cyanoramphus saisseti
Cyclopsitta diophthalma coxeni



Eunymphicus cornutus
Guarouba guarouba
Neophema chrysogaster
Ognorhynchus icterotis
Pezoporus occidentalis (possibly
extinct)



Pezoporus wallicus
Pionopsitta pileata
Primolius couloni
Primolius maracana
Psephotus chrysopterygius





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 44

Psephotus dissimilis
Psephotus pulcherrimus (possibly extinct)



Psittacula echo
Pyrrhura cruentata
Rhynchopsitta spp.
Strigops habroptilus
RHEIFORMES
Rheidae
Pterocnemia pennata (Except
Pterocnemia pennata pennata which is included in
Appendix II)



Pterocnemia pennata pennata




Rhea americana



SPHENISCIFORMES
Spheniscidae
Spheniscus demersus



Spheniscus humboldti
STRIGIFORMES
STRIGIFORMES spp.

(Except Sceloglaux albifacies
and the species
included in Appendix I)



Strigidae
Heteroglaux blewitti
Mimizuku gurneyi
Ninox natalis
Ninox novaeseelandiae undulata



Tytonidae
Tyto soumagnei
STRUTHIONIFORMES
Struthionidae
Struthio camelus (Only the populations
of Algeria, Burkina Faso, Cameroon, the Central
African Republic, Chad, Mali, Mauritania,
Morocco, the Niger, Nigeria, Senegal and the
Sudan; all other populations are not included in the
Appendices)



TINAMIFORMES
Tinamidae
Tinamus solitarius
TROGONIFORMES
Trogonidae
Pharomachrus mocinno


CLASS REPTILIA





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 45

CROCODYLIA
CROCODYLIA spp.
(Except the species included in
Appendix I)



Alligatoridae
Alligator sinensis



Caiman crocodilus apaporiensis



Caiman latirostris (Except
the population of Argentina, which is included in
Appendix II)



Melanosuchus niger (Except the
population of Brazil, which is included in
Appendix II, and the population of Ecuador, which
is included in Appendix II, and is subject to a zero
annual export quota until an annual export quota
has been approved by the Secretariat and the
IUCN/SSC Crocodile Specialist Group under the
Convention)



Crocodylidae
Crocodylus acutus (Except
the population of Cuba, which is included in
Appendix II)



Crocodylus cataphractus



Crocodylus intermedius
Crocodylus mindorensis
Crocodylus moreletii (Except the populations of Belize and
Mexico, which are included in Appendix II with a
zero quota for wild specimens traded for
commercial purposes)



Crocodylus niloticus [Except the populations of Botswana,
Egypt (subject to a zero quota for wild specimens
traded for commercial purposes), Ethiopia, Kenya,
Madagascar, Malawi, Mozambique, Namibia,
South Africa, Uganda, the United Republic of
Tanzania (subject to an annual export quota of no
more than 1600 wild specimens including hunting
trophies, in addition to ranched specimens),
Zambia and Zimbabwe, which are included in
Appendix II]



Crocodylus palustris



Crocodylus porosus (Except
the populations of Australia, Indonesia and Papua
New Guinea, which are included in Appendix II)



Crocodylus rhombifer
Crocodylus siamensis
Osteolaemus tetraspis



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 46

Tomistoma schlegelii
Gavialidae
Gavialis gangeticus
RHYNCHOCEPHALIA
Sphenodontidae
Sphenodon spp.
SAURIA
Agamidae

Saara spp.
Uromastyx spp.


Chamaeleonidae
Archaius spp.
Bradypodion spp.
Brookesia spp.

(Except the species included in
Appendix I)



Brookesia perarmata
Calumma spp.
Chamaeleo spp.

Furcifer spp.
Kinyongia spp.
Nadzikambia spp.
Trioceros spp.
Cordylidae

Cordylus spp.



Gekkonidae
Hoplodactylus spp.


(New Zealand)

Nactus serpensinsula



Naultinus spp.



Phelsuma spp.
Uroplatus spp.


Helodermatidae
Heloderma spp. (Except the subspecies
included in Appendix I)



Heloderma horridum charlesbogerti



Iguanidae
Amblyrhynchus cristatus




Brachylophus spp.
Conolophus spp.

Ctenosaura bakeri
Ctenosaura oedirhina


Ctenosaura melanosterna



Ctenosaura palearis



Cyclura spp.
Iguana spp.

Phrynosoma blainvillii
Phrynosoma cerroense
Phrynosoma coronatum


Phrynosoma wigginsi
Sauromalus varius



Lacertidae
Gallotia simonyi
Podarcis lilfordi


Podarcis pityusensis



Scincidae
Corucia zebrata



Teiidae
Crocodilurus amazonicus




Dracaena spp.
Tupinambis spp.
Varanidae
Varanus spp.

(Except the species included in
Appendix I)



Varanus bengalensis



Varanus flavescens



Varanus griseus
Varanus komodoensis
Varanus nebulosus
Xenosauridae
Shinisaurus crocodilurus




SERPENTES
Boidae
Boidae spp. (Except the

species included in Appendix I)


Acrantophis spp.
Boa constrictor occidentalis



Epicrates inornatus



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 48

Epicrates monensis
Epicrates subflavus
Sanzinia madagascariensis
Bolyeriidae
Bolyeriidae spp. (Except the species
included in Appendix I)



Bolyeria multocarinata



Casarea dussumieri



Colubridae
Atretium schistosum


(India)

Cerberus rynchops
(India)

Clelia clelia
Cyclagras gigas
Elachistodon westermanni





Ptyas mucosus



Xenochrophis piscator

(India)

Elapidae
Hoplocephalus bungaroides




Micrurus diastema

(Honduras)

Micrurus nigrocinctus
(Honduras)

Naja atra
Naja kaouthia


Naja mandalayensis
Naja naja
Naja oxiana


Naja philippinensis



Naja sagittifera



Naja samarensis



Naja siamensis



Naja sputatrix





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 49

Naja sumatrana



Ophiophagus hannah




Loxocemidae
Loxocemidae spp.


Pythonidae
Pythonidae spp.

(Except the subspecies included in
Appendix I)



Python molurus molurus
Tropidophiidae
Tropidophiidae spp.
Viperidae
Crotalus durissus

(Honduras)

Daboia russelii

(India)

Trimeresurus mangshanensis




Vipera ursinii (Only the
population of Europe, except the area which
formerly constituted the Union of Soviet Socialist
Republics; these latter populations are not included
in the Appendices)



Vipera wagneri



TESTUDINES
Carettochelyidae
Carettochelys insculpta


Chelidae
Chelodina mccordi (Zero export quota
for specimens from the wild)



Pseudemydura umbrina



Cheloniidae
Cheloniidae spp.
Chelydridae
Macrochelys temminckii

(United
States of America)

Dermatemydidae
Dermatemys mawii


Dermochelyidae
Dermochelys coriacea
Emydidae



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 50

Clemmys guttata
Emydoidea blandingii


Glyptemys insculpta



Glyptemys muhlenbergii
Graptemys spp. (United States of
America)

Malaclemys terrapin




Terrapene spp.
(Except the species included in
Appendix I)



Terrapene coahuila
Geoemydidae
Batagur affinis
Batagur baska

Batagur borneoensis (Zero quota for wild
specimens for commercial
purposes)



Batagur dhongoka



Batagur kachuga



Batagur trivittata (Zero quota for
wild specimens for commercial
purposes)



Cuora spp.
(Zero quota for wild specimens
for commercial purposes for
Cuora aurocapitata , C.
flavomarginata , C.
galbinifrons , C. mccordi , C. mouhotii , C. pani , C. trifasciata , C.
yunnanensis
and C. zhoui )



Cyclemys spp.
Geoclemys hamiltonii

Geoemyda japonica



Geoemyda spengleri



Hardella thurjii
Heosemys annandalii (Zero quota
for wild specimens for
commercial purposes)



Heosemys depressa (Zero quota for wild
specimens for commercial
purposes)



Heosemys grandis



Heosemys spinosa



Leucocephalon yuwonoi




Malayemys macrocephala



Malayemys subtrijuga



Mauremys annamensis (Zero quota for wild
specimens for commercial
purposes)



Mauremys iversoni
(China)

Mauremys japonica



Mauremys
megalocephala
(China)

Mauremys mutica



Mauremys nigricans



Mauremys pritchardi

(China)

Mauremys reevesii

(China)

Mauremys sinensis
(China)

Melanochelys tricarinata



Melanochelys trijuga



Morenia ocellata
Morenia petersi


Notochelys platynota
Ocadia glyphistoma

(China)

Ocadia philippeni
(China)

Orlitia borneensis (Zero quota for wild
specimens for commercial
purposes)



Pangshura spp. (Except the
species included in Appendix I)



Pangshura tecta
Sacalia bealei


Sacalia pseudocellata
(China)

Sacalia quadriocellata



Siebenrockiella crassicollis




Siebenrockiella leytensis



Vijayachelys silvatica



Platysternidae
Platysternidae spp.
Podocnemididae
Erymnochelys madagascariensis




Peltocephalus dumerilianus



Podocnemis spp.




Testudinidae
Testudinidae spp.

(Except the species included in
Appendix I. A zero annual export
quota has been established for
Geochelone sulcata for specimens
removed from the wild and traded
for primarily commercial
purposes)



Astrochelys radiata
Astrochelys yniphora



Chelonoidis nigra
Geochelone platynota
Gopherus flavomarginatus



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 53

Psammobates geometricus
Pyxis arachnoides
Pyxis planicauda
Testudo kleinmanni
Trionychidae
Amyda cartilaginea


Apalone spinifera atra



Chitra spp. (Except the
species included in Appendix I)



Chitra chitra



Chitra vandijki



Dogania subplana



Lissemys ceylonensis
Lissemys punctata


Lissemys scutata



Nilssonia formosa



Nilssonia gangetica
Nilssonia hurum
Nilssonia leithii


Nilssonia nigricans
Palea steindachneri


Pelochelys spp.



Pelodiscus axenaria



Pelodiscus maackii



Pelodiscus parviformis



Rafetus swinhoei



CLASS AMPHIBIA


ANURA
Aromobatidae
Allobates femoralis


Allobates hodli
Allobates myersi


Allobates rufulus
Allobates zaparo



Bufonidae
Altiphrynoides spp.
Amietophrynus superciliaris
Atelopus zeteki



Incilius periglenes



Nectophrynoides spp.
Nimbaphrynoides spp.
Calyptocephalellidae

Calyptocephalella gayi

(Chile)

Dendrobatidae
Adelphobates spp.
Ameerega spp.
Andinobates spp.
Dendrobates spp.
Epipedobates spp.
Excidobates spp.
Hyloxalus azureiventris


Minyobates spp.
Oophaga spp.
Phyllobates spp.
Ranitomeya spp.
Dicroglossidae

Euphlyctis hexadactylus



Hoplobatrachus tigerinus



Hylidae
Agalychnis spp.


Mantellidae
Mantella spp.
Microhylidae
Dyscophus antongilii
Scaphiophryne gottlebei




Myobatrachidae

Rheobatrachus spp. (Except
Rheobatrachus silus and
Rheobatrachus vitellinus





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 55

)
CAUDATA
Ambystomatidae
Ambystoma dumerilii


Ambystoma mexicanum
Cryptobranchidae
Andrias spp.
Cryptobranchus

alleganiensis
(United
States of America)

Hynobiidae
Hynobius amjiensis

(China)
Salamandridae
Neurergus kaiseri



CLASS ELASMOBRANCHII


CARCHARHINIFORMES

Carcharhinidae

Carcharhinus longimanus




Sphyrnidae
Sphyrna lewini


Sphyrna mokarran



Sphyrna zygaena



LAMNIFORMES
Cetorhinidae

Cetorhinus maximus



Lamnidae
Carcharodon carcharias


Lamna nasus
ORECTOLOBIFORMES
Rhincodontidae
Rhincodon typus
PRISTIFORMES
Pristidae
Pristidae spp.
RAJIFORMES
Mobulidae
Manta spp.

CLASS ACTINOPTERYGII


ACIPENSERIFORMES



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 56

ACIPENSERIFORMES spp.
(Except the species
included in Appendix I)



Acipenseridae
Acipenser brevirostrum
Acipenser sturio



ANGUILLIFORMES
Anguillidae
Anguilla anguilla


CYPRINIFORMES
Catostomidae
Chasmistes cujus
Cyprinidae
Caecobarbus geertsii


Probarbus jullieni



OSTEOGLOSSIFORMES
Arapaimidae

Arapaima gigas
Osteoglossidae
Scleropages formosus (Includes the taxon Scleropages
inscriptus)



PERCIFORMES
Labridae
Cheilinus undulatus


Sciaenidae
Totoaba macdonaldi
SILURIFORMES
Pangasiidae
Pangasianodon gigas
SYNGNATHIFORMES
Syngnathidae
Hippocampus spp.

CLASS SARCOPTERYGII


CERATODONTIFORMES
Ceratodontidae
Neoceratodus forsteri


COELACANTHIFORMES
Latimeriidae
Latimeria spp.

P H Y L U M E C H I N O D E R M A T A
CLASS HOLOTHUROIDEA


ASPIDOCHIROTIDA
Stichopodidae



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 57

Isostichopus fuscus

(Ecuador)

P H Y L U M A R T H R O P O D A
CLASS ARACHNIDA


ARANEAE
Theraphosidae
Aphonopelma albiceps
Aphonopelma pallidum




Brachypelma spp.
SCORPIONES
Scorpionidae
Pandinus dictator
Pandinus gambiensis


Pandinus imperator



CLASS INSECTA


COLEOPTERA
Lucanidae

Colophon spp. (South
Africa)

Scarabaeidae
Dynastes satanas
LEPIDOPTERA
Nymphalidae

Agrias amydon
boliviensis
(Plurinational State of
Bolivia)

Morpho godartii
lachaumei (Plurinational
State of Bolivia)

Prepona praeneste
buckleyana
(Plurinational State of
Bolivia)

Papilionidae
Atrophaneura jophon


Atrophaneura pandiyana



Bhutanitis spp.



Ornithoptera spp. (Except the species





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 58

included in Appendix I)
Ornithoptera alexandrae



Papilio chikae
Papilio homerus
Papilio hospiton


Parnassius apollo
Teinopalpus spp.
Trogonoptera spp.


Troides spp.




P H Y L U M A N N E L I D A

CLASS HIRUDINOIDEA


ARHYNCHOBDELLIDA
Hirudinidae

Hirudo medicinalis



Hirudo verbana



P H Y L U M M O L L U S C A
CLASS BIVALVIA


MYTILOIDA
Mytilidae
Lithophaga lithophaga


UNIONOIDA
Unionidae
Conradilla caelata
Cyprogenia aberti
Dromus dromas
Epioblasma curtisi
Epioblasma florentina



Epioblasma sampsonii



Epioblasma sulcata perobliqua



Epioblasma torulosa gubernaculum



Epioblasma torulosa rangiana




Epioblasma torulosa torulosa



Epioblasma turgidula



Epioblasma walkeri





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 59

Fusconaia cuneolus



Fusconaia edgariana
Lampsilis higginsii
Lampsilis orbiculata orbiculata



Lampsilis satur
Lampsilis virescens
Plethobasus cicatricosus



Plethobasus cooperianus



Pleurobema clava
Pleurobema plenum
Potamilus capax
Quadrula intermedia



Quadrula sparsa



Toxolasma cylindrella
Unio nickliniana
Unio tampicoensis tecomatensis



Villosa trabalis
VENEROIDA
Tridacnidae
Tridacnidae spp.

CLASS GASTROPODA


MESOGASTROPODA
Strombidae
Strombus gigas


STYLOMMATOPHORA
Achatinellidae
Achatinella spp.
Camaenidae
Papustyla pulcherrima


P H Y L U M C N I D A R I A

CLASS ANTHOZOA


ANTIPATHARIA
ANTIPATHARIA spp.


GORGONACEAE
Coralliidae
Corallium elatius

(China)
Corallium japonicum



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 60

(China)
Corallium konjoi

(China)
Corallium secundum

(China)

HELIOPORACEA
Helioporidae
Helioporidae spp.

(Includes only the species
Heliopora coerulea. Fossils are
not subject to the provisions of
this Ordinance)



SCLERACTINIA
SCLERACTINIA spp. (Fossils are not subject to
the provisions of this Ordinance)



STOLONIFERA
Tubiporidae
Tubiporidae spp. (Fossils are not subject to
the provisions of this Ordinance)



CLASS HYDROZOA


MILLEPORINA
Milleporidae
Milleporidae spp.

(Fossils are not subject to the
provisions of this Ordinance)



STYLASTERINA
Stylasteridae
Stylasteridae spp.

(Fossils are not subject to the
provisions of this Ordinance)



F L O R A
AGAVACEAE
Agave parviflora
Agave victoriae-reginae#4




Nolina interrata



Yucca queretaroensis



AMARYLLIDACEAE
Galanthus spp.#4

Sternbergia spp.#4



ANACARDIACEAE
Operculicarya decaryi


Operculicarya hyphaenoides
Operculicarya pachypus
APOCYNACEAE



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 61

Hoodia spp. #9
Pachypodium spp.#4 (Except the species
included in Appendix I)



Pachypodium ambongense
Pachypodium baronii
Pachypodium decaryi
Rauvolfia serpentina #2


ARALIACEAE
Panax ginseng #3

(Only the population of the
Russian Federation; no other
population is included in the
Appendices)



Panax quinquefolius #3




ARAUCARIACEAE
Araucaria araucana
BERBERIDACEAE
Podophyllum hexandrum

#2


BROMELIACEAE
Tillandsia harrisii#4


Tillandsia kammii #4



Tillandsia mauryana #4




Tillandsia xerographica #4




CACTACEAE
CACTACEAE spp.6 #4

(Except the species included in
Appendix I and except Pereskia
spp., Pereskiopsis spp. and
Quiabentia spp.)



Ariocarpus spp.
Astrophytum asterias
Aztekium ritteri
Coryphantha werdermannii



Discocactus spp.
Echinocereus ferreirianus ssp. lindsayi



Echinocereus schmollii
Escobaria minima
Escobaria sneedii
Mammillaria pectinifera
Mammillaria solisioides
Melocactus conoideus
Melocactus deinacanthus



Melocactus glaucescens



Melocactus paucispinus



Obregonia denegrii
Pachycereus militaris
Pediocactus bradyi
Pediocactus knowltonii
Pediocactus paradinei
Pediocactus peeblesianus



Pediocactus sileri
Pelecyphora spp.
Sclerocactus brevihamatus ssp. tobuschii
Sclerocactus erectocentrus
Sclerocactus glaucus
Sclerocactus mariposensis



Sclerocactus mesae-verdae
Sclerocactus nyensis
Sclerocactus papyracanthus



Sclerocactus pubispinus
Sclerocactus wrightiae



Strombocactus spp.
Turbinicarpus spp.
Uebelmannia spp.
CARYOCARACEAE
Caryocar costaricense #4




COMPOSITAE (Asteraceae)
Saussurea costus
CUCURBITACEAE

Zygosicyos pubescens
Zygosicyos tripartitus
CUPRESSACEAE
Fitzroya cupressoides
Pilgerodendron uviferum
CYATHEACEAE
Cyathea spp. #4
CYCADACEAE
CYCADACEAE spp. #4

(Except the species
included in Appendix I)



Cycas beddomei
DICKSONIACEAE
Cibotium barometz #4



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 63

Dicksonia spp. #4
(Only the populations of the
Americas; no other population is
included in the Appendices)



DIDIEREACEAE
DIDIEREACEAE spp. #4




DIOSCOREACEAE
Dioscorea deltoidea #4




DROSERACEAE
Dionaea muscipula #4


EBENACEAE
Diospyros spp. #5 (Populations of
Madagascar)



EUPHORBIACEAE
Euphorbia spp. #4 (Succulent species only
except Euphorbia misera and the species included
in Appendix I. Artificially
propagated specimens of cultivars
of Euphorbia trigona, artificially
propagated specimens of crested,
fan-shaped or colour mutants of
Euphorbia lactea, when grafted
on artificially propagated root
stock of Euphorbia neriifolia, and
artificially propagated specimens
of cultivars of Euphorbia
‘Milii’ when they are traded in
shipments of 100 or more plants
and readily recognizable as
artificially propagated specimens,
are not subject to the provisions of
this Ordinance)



Euphorbia ambovombensis
Euphorbia capsaintemariensis
Euphorbia cremersii (Includes the forma viridifolia
and the var. rakotozafyi)



Euphorbia cylindrifolia (Includes the ssp.
tuberifera)



Euphorbia decaryi (Includes the vars.
ampanihyensis, robinsonii and spirosticha)



Euphorbia francoisii
Euphorbia moratii (Includes the vars. antsingiensis,
bemarahensis and multiflora)



Euphorbia parvicyathophora
Euphorbia quartziticola
Euphorbia tulearensis
FOUQUIERIACEAE



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 64

Fouquieria columnaris #4




Fouquieria fasciculata
Fouquieria purpusii
FAGACEAE
Quercus mongolica #5


(Russian Federation)

GNETACEAE
Gnetum montanum #1

(Nepal)
JUGLANDACEAE

Oreomunnea pterocarpa #4
LAURACEAE
Aniba rosaeodora #12


LEGUMINOSAE (Fabaceae)
Caesalpinia echinata #10


Dalbergia spp. #5 (Populations of
Madagascar)



Dalbergia cochinchinensis #5




Dalbergia darienensis
#2 [Population
of Panama (Panama)]

Dalbergia granadillo #6




Dalbergia nigra
Dalbergia retusa #6


Dalbergia stevensonii #6




Dalbergia tucurensis #6
(Nicaragua)

Dipteryx panamensis
(Costa Rica, Nicaragua)

Pericopsis elata #5



Platymiscium pleiostachyum #4




Pterocarpus santalinus #7



Senna meridionalis
LILIACEAE
Aloe spp. #4 (Except the

species included in Appendix I.
Also excludes Aloe vera, also
referenced as Aloe barbadensis
which is not included in the





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 65

Appendices)
Aloe albida
Aloe albiflora
Aloe alfredii
Aloe bakeri
Aloe bellatula
Aloe calcairophila
Aloe compressa (Includes the vars.
paucituberculata, rugosquamosa and schistophila)



Aloe delphinensis
Aloe descoingsii
Aloe fragilis
Aloe haworthioides (Includes the var. aurantiaca)
Aloe helenae
Aloe laeta (Includes the var. maniaensis)
Aloe parallelifolia
Aloe parvula
Aloe pillansii
Aloe polyphylla
Aloe rauhii
Aloe suzannae
Aloe versicolor
Aloe vossii
MAGNOLIACEAE
Magnolia liliifera var.

obovata #1 (Nepal)
MELIACEAE

Cedrela fissilis #5
(Plurinational
State of Bolivia)

Cedrela lilloi #5
(Plurinational
State of Bolivia)

Cedrela odorata #5

[Brazil; Plurinational
State of Bolivia;
Population of Colombia
(Colombia); Population
of Guatemala
(Guatemala);
Population of Peru
(Peru)]

Swietenia humilis #4




Swietenia macrophylla #6 (Populations of
the Neotropics)



Swietenia mahagoni #5





NEPENTHACEAE



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 66

Nepenthes spp. #4
(Except the species included in
Appendix I)



Nepenthes khasiana
Nepenthes rajah
OLEACEAE
Fraxinus mandshurica

#5
(Russian Federation)

ORCHIDACEAE
ORCHIDACEAE spp.7 #4

(Except the species
included in Appendix I)



(For all of the following Appendix I species,
seedling or tissue cultures obtained in vitro, in
solid or liquid media, and transported in sterile
containers are not subject to the provisions of this
Ordinance only if the specimens meet the
definition of artificially propagated agreed by the
Conference of the Parties)



Aerangis ellisii
Dendrobium cruentum
Laelia jongheana
Laelia lobata
Paphiopedilum spp.
Peristeria elata
Phragmipedium spp.
Renanthera imschootiana
OROBANCHACEAE
Cistanche deserticola #4


PALMAE (Arecaceae)
Beccariophoenix madagascariensis

#4


Chrysalidocarpus decipiens
Lemurophoenix halleuxii


Lodoicea maldivica #13

(Seychelles)

Marojejya darianii
Neodypsis decaryi #4


Ravenea louvelii
Ravenea rivularis
Satranala decussilvae
Voanioala gerardii
PAPAVERACEAE

Meconopsis regia
#1
(Nepal)

PASSIFLORACEAE
Adenia firingalavensis
Adenia olaboensis
Adenia subsessilifolia
PEDALIACEAE

Uncarina grandidieri
Uncarina stellulifera
PINACEAE
Abies guatemalensis
Pinus koraiensis #5


(Russian Federation)

PODOCARPACEAE
Podocarpus neriifolius

#1 (Nepal)
Podocarpus parlatorei
PORTULACACEAE
Anacampseros spp. #4




Avonia spp. #4
Lewisia serrata #4


PRIMULACEAE
Cyclamen spp.8 #4
RANUNCULACEAE

Adonis vernalis #2



Hydrastis canadensis #8




ROSACEAE
Prunus africana #4


RUBIACEAE
Balmea stormiae
SANTALACEAE

Osyris lanceolata #2 (Populations of
Burundi, Ethiopia, Kenya, Rwanda,
Uganda and the United Republic of
Tanzania)



SARRACENIACEAE
Sarracenia spp. #4 (Except the species
included in Appendix I)



Sarracenia oreophila
Sarracenia rubra ssp. alabamensis
Sarracenia rubra ssp. jonesii



SCROPHULARIACEAE
Picrorhiza kurrooa #2 (Excludes Picrorhiza
scrophulariiflora)

STANGERIACEAE
Bowenia spp. #4
Stangeria eriopus
TAXACEAE
Taxus chinensis and infraspecific

taxa of this species #2



Taxus cuspidata and infraspecific
taxa of this species 9 #2



Taxus fuana and infraspecific taxa
of this species #2



Taxus sumatrana and infraspecific
taxa of this species #2



Taxus wallichiana #2



THYMELAEACEAE (Aquilariaceae)
Aquilaria spp. #14
Gonystylus spp. #4
Gyrinops spp. #14
TROCHODENDRACEAE (Tetracentraceae)
Tetracentron sinense #1

(Nepal)
VALERIANACEAE

Nardostachys grandiflora #2




VITACEAE
Cyphostemma elephantopus
Cyphostemma laza
Cyphostemma montagnacii
WELWITSCHIACEAE
Welwitschia mirabilis #4




ZAMIACEAE
ZAMIACEAE spp. #4

(Except the species included in
Appendix I)



Ceratozamia spp.
Chigua spp.
Encephalartos spp.
Microcycas calocoma
ZINGIBERACEAE
Hedychium philippinense #4




ZYGOPHYLLACEAE
Bulnesia sarmientoi #11


Guaiacum spp. #2
(Amended L.N. 36 of 2011; L.N. 98 of 2014; E.R. 2 of 2015)





Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 69

1. Any specimen of the population of Argentina is to be treated as a specimen of an Appendix II species only if it is
imported, exported or re-exported as– (Amended L.N. 98 of 2014)
(a) wool sheared from live vicuñas;
(b) cloth made of such wool–

(i) the reverse side of which bears the logotype adopted by the range states of the species, which are
signatories to the Convenio para la Conservación y Manejo de la Vicuña; and

(ii) the selvages of which bear the words “VICUÑA-ARGENTINA”; or (Replaced L.N. 98 of 2014)
(c) a derived manufactured product or other handicraft artefact, which bears a label including the logotype and

the designation “VICUÑA-ARGENTINA-ARTESANíA”. (Amended L.N. 98 of 2014)
All other specimens are to be treated as specimens of species included in Appendix I and the trade in them is to
be regulated accordingly. (Amended L.N. 98 of 2014)


2. Any specimen of the population of Plurinational State of Bolivia is to be treated as a specimen of an Appendix II
species only if it is imported, exported or re-exported as– (Amended L.N. 36 of 2011; L.N. 98 of 2014)
(a) wool sheared from live vicuñas;
(b) cloth made of such wool–

(i) the reverse side of which bears the logotype adopted by the range states of the species, which are
signatories to the Convenio para la Conservación y Manejo de la Vicuña; and

(ii) the selvages of which bear the words “VICUÑA-BOLIVIA”; or (Replaced L.N. 98 of 2014)
(c) an item made of such wool, including luxury handicrafts and knitted articles, which bears a label including

the logotype and the designation “VICUÑA-BOLIVIA-ARTESANíA”. (Amended L.N. 98 of 2014)
All other specimens are to be treated as specimens of species included in Appendix I and the trade in them is to
be regulated accordingly. (Amended L.N. 98 of 2014)


3. Any specimen of the population of Chile is to be treated as a specimen of an Appendix II species only if it is
imported, exported or re-exported as– (Amended L.N. 98 of 2014)
(a) wool sheared from live vicuñas;
(b) cloth made of such wool–

(i) the reverse side of which bears the logotype adopted by the range states of the species, which are
signatories to the Convenio para la Conservación y Manejo de la Vicuña; and

(ii) the selvages of which bear the words “VICUÑA-CHILE”; or (Replaced L.N. 98 of 2014)
(c) an item made of such wool, including luxury handicrafts and knitted articles, which bears a label including

the logotype and the designation “VICUÑA-CHILE-ARTESANíA”. (Amended L.N. 98 of 2014)
All other specimens are to be treated as specimens of species included in Appendix I and the trade in them is to
be regulated accordingly. (Amended L.N. 98 of 2014)


3A. Any specimen of the population of Ecuador is to be treated as a specimen of an Appendix II species only if it is
imported, exported or re-exported as–
(a) wool sheared from live vicuñas;
(b) cloth made of such wool–

(i) the reverse side of which bears the logotype adopted by the range states of the species, which are
signatories to the Convenio para la Conservación y Manejo de la Vicuña; and

(ii) the selvages of which bear the words “VICUÑA ECUADOR”; or
(c) an item made of such wool, including luxury handicrafts and knitted articles, which bears a label including

the logotype and the designation “VICUÑA ECUADOR-ARTESANíA”.
All other specimens are to be treated as specimens of species included in Appendix I and the trade in them is to
be regulated accordingly. (Added L.N. 98 of 2014)


4. Any specimen of the population of Peru is to be treated as a specimen of an Appendix II species only if it is
imported, exported or re-exported as– (Amended L.N. 98 of 2014)
(a) wool sheared from live vicuñas and in the stock extant at the time of the ninth meeting of the Conference of

the Parties (November 1994) of 3249 kg of wool;



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 70

(b) cloth made of such wool–
(i) the reverse side of which bears the logotype adopted by the range states of the

species, which are signatories to the Convenio para la Conservación y Manejo de la
Vicuña; and

(ii) the selvages of which bear the words “VICUÑA-PERú”; or (Replaced L.N. 98 of
2014)

(c) an item made of such wool, including luxury handicrafts and knitted articles, which bears a label including
the logotype and the designation “VICUÑA-PERú-ARTESANíA”. (Amended L.N. 98 of 2014)

All other specimens are to be treated as specimens of species included in Appendix I and the trade in them is to
be regulated accordingly. (Amended L.N. 98 of 2014)


5. Any specimen of the populations of Botswana, Namibia, South Africa and Zimbabwe is to be treated as a
specimen of an Appendix II species only if it is imported, exported or re-exported as– (Amended L.N. 98 of
2014)
(a) hunting trophies for non-commercial purposes;
(b) live animals to appropriate and acceptable destinations, as defined in Resolution Conf. 11.20, for Botswana

and Zimbabwe and for in situ conservation programmes for Namibia and South Africa;
(c) hides;
(d) hair;
(e) leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for

non-commercial purposes for Zimbabwe;
(f) individually marked and certified ekipa incorporated in finished jewellery for non-commercial purposes for

Namibia and ivory carvings for non-commercial purposes for Zimbabwe; or
(g) registered raw ivory (whole tusks and pieces) subject to the following–

(i) only registered government-owned stocks, originating in the state (excluding seized ivory and ivory of
unknown origin);

(ii) only to trading partners that have been verified by the Secretariat, in consultation with the Standing
Committee under the Convention, to have sufficient national legislation and domestic trade controls to
ensure that the imported ivory will not be re-exported and will be managed in accordance with all
requirements of Resolution Conf. 10.10 (Rev. CoP14) concerning domestic manufacturing and trade;

(iii) not before the Secretariat has verified the prospective importing countries, and the registered
government-owned stocks;

(iv) raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at
CoP12, which are 20000 kg (Botswana), 10000 kg (Namibia) and 30000 kg (South Africa);

(v) in addition to the quantities agreed at CoP12, government-owned ivory from Botswana, Namibia,
South Africa and Zimbabwe registered by 31 January 2007 and verified by the Secretariat may be
traded and despatched, with the ivory in subparagraph (iv), in a single sale per destination under strict
supervision of the Secretariat;

(vi) the proceeds of the trade are used exclusively for elephant conservation and community conservation
and development programmes within or adjacent to the elephant range; and

(vii) the additional quantities specified in subparagraph (v) are to be traded only after the Standing
Committee under the Convention has agreed that the above conditions have been met.

On a proposal from the Secretariat, the Standing Committee under the Convention can decide to cause this trade
to cease partially or completely in the event of non-compliance by the place of import or export, or in the case of
proven detrimental impacts of the trade on other elephant populations.

All other specimens are to be treated as specimens of species included in Appendix I and the trade in them is to
be regulated accordingly. (Amended L.N. 98 of 2014)


6. Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of

this Ordinance–
– Hatiora x graeseri
– Schlumbergera x buckleyi
– Schlumbergera russelliana x Schlumbergera truncata



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 71

– Schlumbergera orssichiana x Schlumbergera truncata
– Schlumbergera opuntioides x Schlumbergera truncata
– Schlumbergera truncata (cultivars)
– Cactaceae spp. colour mutants grafted on the following grafting stocks: Harrisia ‘Jusbertii’ ,

Hylocereus trigonus or Hylocereus undatus (Amended L.N. 36 of 2011)
– Opuntia microdasys (cultivars).


7. Artificially propagated specimens of hybrids of the genera Cymbidium, Dendrobium, Phalaenopsis and Vanda
are not subject to the provisions of this Ordinance when–
(a) the specimens are readily recognizable as artificially propagated and do not show any signs of having

been collected in the wild such as mechanical damage or strong dehydration resulting from collection,
irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other
epiphyllous organisms adhering to leaves, or damage by insects or other pests; and

(b) (i) the specimens are shipped in non-flowering state, the specimens must be traded in shipments
consisting of individual containers (such as cartons, boxes, crates or individual shelves of CC-
containers) each containing 20 or more plants of the same hybrid; the plants within each
container must exhibit a high degree of uniformity and healthiness; and the shipment must be
accompanied by documentation, such as an invoice, which clearly states the number of plants
of each hybrid; or

(ii) the specimens are shipped in flowering state, with at least one fully open flower per specimen,
no minimum number of specimens per shipment is required but specimens must be
professionally processed for commercial retail sale, e.g. labelled with printed labels or
packaged with printed packages indicating the name of the hybrid and the place of final
processing. This should be clearly visible and allow easy verification.

Plants not clearly meeting the above criteria must be accompanied by appropriate Convention certifying
documents.


8. Unless imported, exported or re-exported as dormant tubers, artificially propagated specimens of cultivars of

Cyclamen persicum are not subject to the provisions of this Ordinance.

9. Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each

consignment being accompanied by a label or document stating the name of the taxon or taxa and the text
“artificially propagated”, are not subject to the provisions of this Ordinance.

(Part 2 replaced L.N. 4 of 2009)

Schedule: 2 FEES L.N. 206 of 2006 01/12/2006


[sections 23, 24,
48 & 52]


For the purposes of calculating any fee payable under sections 23 and 24—

(a) specimens imported, or introduced from the sea, in whatever manner at one time and in one lot shall be
treated as one shipment;

(b) specimens exported, or re-exported, in whatever manner at one time and in one lot shall be treated as
one shipment; and

(c) if a shipment contains one or more live animals and one or more specimens other than live animals—
(i) both fees prescribed under paragraph 1 are payable in respect of that shipment in the case of a

licence for import; and
(ii) both fees prescribed under paragraph 2 are payable in respect of that shipment in the case of a

licence for introduction from the sea.

1. Fee for each licence issued under section 23(1)(a) for the import of the following contained in

one shipment—



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 72

(a) one or more live animals (whether or not of the same species) ......................................... $460
(b) one or more specimens (other than live animals and whether or not of the same

species) ....................................................................................................................................
.

$170

2. Fee for each licence issued under section 23(1)(b) for the introduction from the sea of the
following contained in one shipment—

(a) one or more live animals (whether or not of the same species) .......................................... $460
(b) one or more specimens (other than live animals and whether or not of the same

species) ....................................................................................................................................
..

$170

3. Fee for each licence issued under section 23(1)(c) for the export of one or more specimens
(whether or not of the same species) contained in one shipment ................................................ $160

4. Fee for each licence issued under section 23(1)(d) for the re-export of one or more specimens
(whether or not of the same species) contained in one shipment ............................................... $160

5. Fee for each licence issued under section 23(1)(e) for the possession or control of one or more
specimens (whether or not of the same species) that are kept in the same premises ................. $160

6. Fee for extension, renewal or variation of a licence under section 24 ....................................... $135
7. Fee for each re-export certificate issued under section 52 ....................................................... $260


Schedule: 3 CONVENTION INSTRUMENTS L.N. 98 of 2014 28/11/2014


[sections 2, 4, 19 &
48(1)]


This Schedule sets out, with or without modification, the relevant parts of Convention instruments that have the force
of law in Hong Kong.


PART 1


INTERPRETATION AND APPLICATION

I. "Hybrid animal" (雜交動物)

1. Hybrid animals that have in their recent lineage one or more specimens of species included in Appendix I or

Appendix II shall be subject to the provisions of this Ordinance just as if they were full species, even if the
hybrid concerned is not specifically included in the Appendices.


2. If at least one of the animals in the recent lineage is of a species included in Appendix I, the hybrids shall be

treated as specimens of species included in Appendix I (and shall be eligible for the exemptions of Article VII of
the Convention when applicable).


3. If at least one of the animals in the recent lineage is of a species included in Appendix II, and there are no

specimens of an Appendix I species in such lineage, the hybrids shall be treated as specimens of species included
in Appendix II.


4. The words "recent lineage" shall generally be interpreted to refer to the previous four generations of the lineage.

II. "Appropriate and acceptable destination" (適當和可接受的目的地)

Where the term "appropriate and acceptable destination" appears in an annotation to the listing of a species in
Appendix II with reference to the export of or international trade in live animals, this term shall be defined to mean a
destination where the relevant authority of the place of import is satisfied that the proposed recipient of a living
specimen is suitably equipped to house and care for it.



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 73


III. "Artificially propagated" (人工培植)

Regarding the definition of "artificially propagated"

1. The following definitions for terms are used—

(a) "under controlled conditions" means in a non-natural environment that is intensively manipulated by
human intervention for the purpose of plant production. General characteristics of controlled
conditions may include but are not limited to tillage, fertilization, weed and pest control, irrigation, or
nursery operations such as potting, bedding or protection from weather; (Amended L.N. 36 of 2011)

(b) "cultivated parental stock" means the ensemble of plants grown under controlled conditions that are
used for reproduction, and which must have been, to the satisfaction of the relevant authority of the
exporting place—
(i) established in accordance with the provisions of the Convention and relevant domestic laws and

in a manner not detrimental to the survival of the species in the wild; and
(ii) maintained in sufficient quantities for propagation so as to minimize or eliminate the need for

augmentation from the wild, with such augmentation occurring only as an exception and limited
to the amount necessary to maintain the vigour and productivity of the cultivated parental stock;
and (Amended L.N. 36 of 2011)

(c) cultivar (栽培種) means an assemblage of plants that—
(i) has been selected for a particular character or combination of characters;
(ii) is distinct, uniform, and stable in these characters; and
(iii) when propagated by appropriate means, retains those characters. (Added L.N. 36 of 2011)


2. The term "artificially propagated" shall be interpreted to refer to plant specimens—

(a) grown under controlled conditions; and
(b) grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules

that either are exempt or have been derived from cultivated parental stock.

3. Plants grown from cuttings or divisions shall be considered to be artificially propagated only if the traded

specimens do not contain any material collected from the wild.

4. An exception may be granted and specimens deemed to be artificially propagated if grown from wild-collected

seeds or spores only if, for the taxon involved—
(a) (i) establishment of a cultivated parental stock presents significant difficulties in practice because

specimens take a long time to reach reproductive age, as for many tree species;
(ii) the seeds or spores are collected from the wild and grown under controlled conditions within a

range state, which must also be the place of origin of the seeds or spores;
(iii) the relevant authority of that range state has determined that the collection of seeds or spores was

legal and consistent with relevant domestic laws for the protection and conservation of the
species; and

(iv) the relevant authority of that range state has determined that—
(A) collection of the seeds or spores was not detrimental to the survival of the species in the

wild; and
(B) allowing trade in such specimens has a positive effect on the conservation of wild

populations;
(b) at a minimum, to comply with subparagraph (a)(iv)(A) and (B) above—

(i) collection of seeds or spores for this purpose is limited in such a manner such as to allow
regeneration of the wild population;

(ii) a portion of the plants produced under such circumstances is used to establish plantations to
serve as cultivated parental stock in the future and become an additional source of seeds or
spores and thus reduce or eliminate the need to collect seeds or spores from the wild; and
(Amended L.N.36 of 2011)

(iii) a portion of the plants produced under such circumstances is used for replanting in the wild, to



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 74

enhance recovery of existing populations or to re-establish populations that have been extirpated;
and

(c) in the case of operations propagating Appendix I species for commercial purposes under such
conditions they are registered with the Secretariat.


Regarding grafted plants

5. Grafted plants shall be recognized as artificially propagated only when both the root-stock and the graft have

been taken from specimens that have been artificially propagated and grafted specimens consisting of taxa from
different Appendices shall be treated as specimens of the taxon included in the more restrictive Appendix.


Regarding hybrids

6. Hybrids shall be subject to the provisions of this Ordinance even though not specifically included in the

Appendices if one or both of their parents are of taxa included in the Appendices, unless the hybrids are
excluded by a specific annotation in Appendix II or Appendix III.


7. Regarding artificially propagated hybrids—

(a) any plant species or other taxa listed in Appendix I shall be annotated in accordance with Article XV
of the Convention if the provisions of this Ordinance relevant to Appendix I are to apply to artificially
propagated hybrids derived from such species or taxa;

(b) if a plant species or other taxon listed in Appendix I is annotated, an export permit or re-export
certificate shall be required for trade in specimens of all artificially propagated hybrids derived from it;
but

(c) artificially propagated hybrids derived from one or more unannotated Appendix I species or other taxa
shall be treated as being included in Appendix II and entitled therefore to all exemptions applicable to
artificially propagated specimens of species listed in Appendix II.


Regarding flasked seedlings of Appendix I orchids

8. Flasked seedlings of orchid species listed in Appendix I obtained in vitro, in solid or liquid media, and

transported in sterile containers, shall not be considered as specimens of a scheduled species for the purposes of
this Ordinance if they have been artificially propagated.


IV. "Bred in captivity" (圈養繁殖)

Regarding terminology

1. For specimens of animal species bred in captivity—

(a) "first-generation offspring (F1)" are specimens produced in a controlled environment from parents at
least one of which was conceived in or taken from the wild;

(b) "offspring of second generation (F2) or subsequent generation (F3, F4, etc.)" are specimens produced
in a controlled environment from parents that were also produced in a controlled environment;

(c) the "breeding stock" of an operation means the ensemble of the animals in the operation that are used
for reproduction;

(d) "a controlled environment" is an environment that is manipulated for the purpose of producing animals
of a particular species, that has boundaries designed to prevent animals, eggs or gametes of the species
from entering or leaving the controlled environment, and the general characteristics of which may
include but are not limited to: artificial housing; waste removal; health care; protection from predators;
and artificially supplied food.


Regarding the term "bred in captivity"

2. The definition provided below shall apply to the specimens bred in captivity of species included in the



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 75

Appendices, whether or not they were bred for commercial purposes.

3. The term "bred in captivity" shall be interpreted to refer only to specimens born or otherwise produced in a

controlled environment, and shall apply only if—
(a) the parents mated or gametes were otherwise transferred in a controlled environment, if reproduction is

sexual, or the parents were in a controlled environment when development of the offspring began, if
reproduction is asexual; and

(b) the breeding stock, to the satisfaction of the competent government authorities of the exporting place—
(i) was established in accordance with the provisions of the Convention and relevant domestic laws

and in a manner not detrimental to the survival of the species in the wild;
(ii) is maintained without the introduction of specimens from the wild, except for the occasional

addition of animals, eggs or gametes, in accordance with the provisions of the Convention and
relevant domestic laws and in a manner not detrimental to the survival of the species in the wild

(A) to prevent or alleviate deleterious inbreeding, with the magnitude of such addition

determined by the need for new genetic material; or
(B) to dispose of confiscated animals; or
(C) exceptionally, for use as breeding stock; and

(iii) has produced offspring of second generation (F2) or subsequent generation (F3, F4, etc.) in a
controlled environment; or is managed in a manner that has been demonstrated to be capable of
reliably producing second-generation offspring in a controlled environment.


Regarding marking of specimens of Appendix I species bred in captivity

4. A specimen bred in captivity shall be marked in accordance with the provisions on marking in the Resolutions

adopted by the Conference of the Parties and the type and number of the mark shall be indicated on any
Convention certifying document issued in respect of the specimen.


V. "Readily recognizable part or derivative"
(可輕易地識別的部分或衍生物)

1. The term "readily recognizable part or derivative" shall be interpreted to include any specimen which appears

from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part
or derivative of an animal or plant of a species included in the Appendices, unless such part or derivative is
specifically exempted from the provisions of this Ordinance.


2. Coral sand and coral fragments shall not be considered as specimens of a scheduled species for the purposes of

this Ordinance.

2A. The following are not specimens of a scheduled species for the purposes of this Ordinance—

(a) naturally excreted urine;
(b) naturally excreted faeces;
(c) naturally excreted ambergris. (Added L.N. 98 of 2014)


3. In this Schedule—

(a) "coral sand" means coral material not identifiable to the level of genus and consisting entirely or in
part of finely crushed fragments of dead coral no larger than 2 mm in diameter and which may also
contain, amongst other things, the remains of Foraminifera, mollusc and crustacean shell, and coralline
algae;

(b) "coral fragments" means unconsolidated fragments of broken finger-like dead coral and other coral
material between 2 and 30 mm in diameter measured in any direction, which are not identifiable to the
level of genus; (Amended L.N. 36 of 2011)

(c) "coral rock" means hard consolidated coral material not identifiable to the level of genus but
identifiable to the level of order, larger than 3 cm in diameter, formed of fragments of dead coral and



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which may also contain cemented sand, coralline algae and other sedimentary rocks, and includes live
rock and substrate, but does not include dead coral;

(d) "live rock" means pieces of coral rock to which are attached live specimens of invertebrate species and
coralline algae not included in the Appendices and which are transported moist, but not in water, in
crates;

(e) "substrate" means pieces of coral rock to which are attached invertebrates (of species not included in
the Appendices) and which are transported in water like live corals;

(f) "dead coral" means pieces of coral identifiable to the level of species or genus, which are dead when
exported, but which may have been alive when collected, and in which the structure of corallites (the
skeleton of the individual polyp) is still intact;

(g) "live coral" means pieces of coral identifiable to the level of species or genus, which are alive and
transported in water.


PART 2


PERMITS AND CERTIFICATES


Regarding standardization of permits and certificates issued under the Convention

1. To fulfil the requirements of Article VI of the Convention and relevant Resolutions, export and import permits,

re-export and pre-Convention certificates, certificates of origin and certificates of captive breeding and artificial
propagation (except where phytosanitary certificates are used for this purpose) shall include all the information
specified in the Annex.


2. Every form shall be printed in one or more of the working languages of the Convention (English, Spanish,

French) and in the national language if it is not one of the working languages.

Regarding export permits and re-export certificates

3. A re-export certificate shall also specify—

(a) the place of origin, the number of the export permit of the place of origin and its date of issue; and
(b) the place of last re-export, the number of the re-export certificate of that place and its date of issue,

or if the case arises—
(c) justification for the omission of any of the aforementioned information.


4. Subject to paragraph 12 of this Part, the provisions of Article III, paragraph 3, Article IV, paragraph 4, Article V,

paragraph 3, and Article VI, paragraph 2, of the Convention shall be understood to mean that an export permit or
re-export certificate shall be valid for a period of no more than 6 months from the date on which it was granted
and that it shall not be accepted to authorize export, re-export or import except during the period of validity.


Regarding pre-Convention certificates

5. A pre-Convention certificate shall also specify—

(a) that the specimen covered by the certificate is pre-Convention; and
(b) the date of acquisition of the specimen.


6. For the purposes of determining whether a specimen was acquired before the provisions of the Convention

applied to the specimen ("pre-Convention")—
(a) the date from which the provisions of the Convention apply to a specimen shall be the date on which

the species concerned was first included in the Appendices to the Convention; and
(b) the date on which a specimen was acquired is—

(i) the date on which the specimen was known to be removed from the wild;
(ii) the date on which the specimen was known to be born in captivity or artificially propagated in a

controlled environment; or



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(iii) if the date referred to in sub-subparagraph (i) or (ii) is unknown or cannot be proved, the earliest
provable date on which it was first possessed by any person. (Replaced L.N. 98 of 2014)


7. All pre-Convention certificates shall include either the precise date of acquisition of the specimens concerned or

a certification that the specimens were acquired before a specific date, in accordance with paragraph 6(b) above.

Regarding certificates of origin

8. The provisions of Article V, paragraph 3, of the Convention shall be understood to mean that a certificate of

origin shall be valid for a period of not more than 12 months from the date on which it was granted, and that it
shall not be accepted to authorize export or import except during the period of validity.


Regarding phytosanitary certificates

9. A phytosanitary certificate used as a certificate of artificial propagation in accordance with Article VII,

paragraph 5, of the Convention for the purpose of the export of an artificially propagated specimen of an
Appendix II species shall include the scientific name of the species and the type and quantity of the specimens
covered by the certificate, and bear a stamp, seal or other specific indication stating that the specimens are
artificially propagated.


10. Phytosanitary certificates shall be used exclusively for the purpose of export from the place of artificial

propagation of the specimens concerned.

Regarding permits and certificates for coral specimens

10A. On permits and certificates issued to authorize trade in specimens of hard corals of the genera included in the

most recent list of “Coral taxa where identification of genus level is acceptable” maintained by the
Secretariat, if the species cannot be readily determined, the specimens may be recorded at the genus level.
(Added L.N. 36 of 2011)


11. On permits and certificates for trade in specimens of coral rock, where the genus cannot be readily determined,

the scientific name for the specimens shall be "Scleractinia".

11A. On permits and certificates for trade in worked specimens of black coral, if the species cannot be readily

determined, the specimens may be recorded at the genus level, and if the genus cannot be readily determined, the
scientific name for the given specimens is “Antipatharia”. (Added L.N. 36 of 2011)


11B. Raw black coral and live black coral must continue to be identified in trade to species level. (Added L.N. 36 of

2011)

Regarding permits and certificates for timber species included in Appendix II and Appendix III with the annotation
"Designates logs, sawn wood and veneer sheets"

12. The validity of the export permit or re-export certificate may be extended beyond the normal maximum of 6

months after the date of issue, on the condition that—
(a) the shipment has arrived in a place of import before the date of expiration indicated on the permit or

certificate and is being held in Customs bond (i.e. is not considered as imported);
(b) the time extension does not exceed 6 months from the date of expiration of the permit or certificate and

no previous extension has been granted;
(c) the appropriate enforcement personnel of the place of import who extended the validity of the permit

or certificate has included the date of arrival in that place and the new date of expiration in the box
relating to special conditions, or an equivalent place, on the permit or certificate, certifying the
modification with an official stamp or seal and signature;

(d) the shipment is to be imported into another place for consumption from the place of import before the



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 78

new date of expiration; and
(e) a copy of the permit or certificate as amended in accordance with subparagraph (c) above is sent to the

relevant authority of the place of export or re-export, allowing it to amend its annual report, and to the
Secretariat.


Regarding retrospective issue of permits and certificates

13. A permit or certificate issued retrospectively shall not be accepted unless it was issued in accordance with the

requirements concerning the retrospective issue of documents under the Convention or any Convention
instrument.


Regarding acceptance and clearance of documents and security measures

14. Where a permit or certificate has been altered (by rubbing out, scratching out, etc.), modified or crossed out, the

alteration, modification or crossing-out shall be authenticated by the stamp and signature of the relevant
authority issuing the document.


15. Where a security stamp is affixed to a permit or certificate, the security stamp shall be cancelled by the stamp or

seal and signature of the relevant authority issuing the document.

16. Permits and certificates shall indicate the scientific name of the species concerned (including subspecies when

appropriate), except in the case where—
(a) the Conference of the Parties has agreed that the use of higher taxon names is acceptable;
(b) the relevant authority issuing the permit or certificate can show it is well justified and has

communicated the justification to the Secretariat;
(c) certain manufactured products contain pre-Convention specimens that cannot be identified to the

species level; or
(d) worked skins or pieces thereof of Tupinambis species that were imported before 1 August 2000 are

being re-exported, in which case it is sufficient to use the indication Tupinambis spp.

Regarding documents for sample collection covered by ATA (which means "temporary admission") carnets

17. For the purpose of the procedure described in paragraphs below, the term "sample collection" refer to collections

of legally acquired dead specimens, parts and derivatives of species included in Appendix II or Appendix III and
of Appendix I species bred in captivity or artificially propagated for commercial purposes, which are treated as
Appendix II specimens, which are not entitled to be sold or otherwise transferred, and that will cross borders for
presentation purposes before returning to the place from which such movement was first authorized. (Amended
L.N. 36 of 2011)


18. Such sample collections shall be considered as "in transit" and entitled to the special provisions stipulated in

Article VII, paragraph 1, of the Convention on the following conditions—
(a) a sample collection shall be covered by an ATA carnet and be accompanied by a document, on which

it shall be indicated that the document is a permit or certificate either for "export", "re-export" or
"other", as appropriate, and, in addition, it shall be clearly specified that the document is issued for a
"sample collection"; (Amended L.N. 36 of 2011)

(b) it shall be specified in an appropriate place of the document that "This document covers a sample
collection and is invalid unless accompanied by a valid ATA carnet. The specimen(s) covered by this
certificate may not be sold or otherwise transferred whilst outside the territory of the place that issued
this document." The number of the accompanying ATA carnet shall be recorded;

(c) the name and address (including the country) of the importer and the exporter or re-exporter shall be
identical, and in an appropriate place of the document the names of the places to be visited shall be
indicated;

(d) the date of expiry of such a document shall not be later than that of the ATA carnet accompanying it
and the period of validity shall not be more than 6 months from the date on which it was granted.





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19. Such a permit or certificate shall not be transferable and when, during a stay in a place, it is lost, stolen or
accidentally destroyed, only the relevant authority that issued it may issue a duplicate or a new document to
replace the original. In the case of a duplicate, it must bear the same number, if possible, and the same date of
validity as the original document, and contain the following statement: "This document is a true copy of the
original". In the case of a new document, it must state that it replaces the original bearing the number XX.
(Amended L.N. 36 of 2011)


20. If specimens in the collection are stolen, destroyed or lost, the owner of the collection shall inform the relevant

authority issuing the document and the relevant authority of the place in which that matter occurred as soon as
practicable.


Regarding permits and certificates issued by the state not party to the Convention

21. Permits and certificates issued by states not party to the Convention shall contain—

(a) the name, stamp and signature of a competent issuing authority;
(b) sufficient identification of the species concerned for the purposes of the Convention;
(c) certification of the origin of the specimen concerned including the export permit number from the

place of origin, or justification for omitting such certification;
(d) in the case of export of specimens of a species included in Appendix I or Appendix II, certification to

the effect that the competent scientific institution has advised that the export will not be detrimental to
the survival of the species (in case of doubt a copy of such advice shall be required) and that the
specimens were not obtained in contravention of the laws of the place of export;

(e) for re-export, the name of the place of origin of the specimen concerned and—
(i) if the place of origin was a Party, the number of the export permit and the date of issue;
(ii) if the place of origin was not a Party, certification to the effect that the competent authority of the

place of origin has issued an export document that substantially meets the requirements of Article
VI of the Convention; and

(iii) if any information referred to in sub-subparagraph (i) or (ii) is omitted, the justification for the
omission; (Replaced L.N. 98 of 2014)

(f) in the case of export or re-export of live specimens, certification to the effect that they will be
transported in a manner that will minimize the risk of injury, damage to health or cruel treatment.


22. Documentation from states not party to the Convention shall only be accepted if the details of the competent

authorities and scientific institutions of such states that are included in the online Directory of the Convention
were communicated less than 2 years previously, unless the Secretariat confirms that it has more recent
information. (Amended L.N. 36 of 2011 and L.N. 53 of 2011)


ANNEX TO PART 2


PERMITS AND CERTIFICATES


Information that shall be included in permits and certificates

issued under the Convention


(a) The full name and the logo of the Convention
(b) The complete name and address of the relevant authority issuing the permit
(c) A unique control number
(d) The complete names and addresses of the exporter and importer
(e) The scientific name of the species to which the specimens belong (or the subspecies when it is relevant in order

to determine in which Appendix the taxon concerned is included) in accordance with the adopted standard
nomenclature

(f) The description of the specimens, in one of the Convention's 3 working languages, using the nomenclature of
specimens distributed by the Secretariat

(g) In the case of an export permit, the numbers of the marks appearing on the specimens if they are marked or if the
Conference of the Parties prescribes marking (specimens from ranches, subject to quotas approved by the



Cap 586 - PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE 80

Conference of the Parties, originating from operations which breed animals included in Appendix I in captivity
for commercial purposes, etc.)

(h) The Appendix in which the species or subspecies or population is listed (N.B.: This does not change even if the
specimen concerned is deemed to be included in a different Appendix. For example, although specimens of
Appendix I species bred in captivity for commercial purposes are deemed to be specimens of species included in
Appendix II, the species remains listed in Appendix I, and this must be specified on the permit or certificate)
(Amended L.N. 36 of 2011)

(i) The source of the specimens
(j) The quantity of specimens and, if appropriate, the unit of measure used
(k) The date of issue and the date of expiry
(l) The name of the signatory and his or her signature
(m) The embossed seal or ink stamp of the relevant authority
(n) In the case of a certificate of origin, a statement that the specimens originate in the place that issued the

certificate.


PART 3


REQUIREMENTS RELATING TO EXEMPTION FOR NON-COMMERCIAL
LOAN, DONATION OR EXCHANGE OF MUSEUM AND

HERBARIUM SPECIMENS


For the purposes of implementing the exemption for scientific exchange in Article VII, paragraph 6, of the
Convention, the requirement that herbarium specimens, preserved, dried or embedded museum specimens, frozen
museum specimens, duplicate herbarium specimens or live plant material or the container used to transport such
specimens carry a label issued or approved by a relevant authority shall be met if the label—

(a) bears the acronym "CITES";
(b) identifies the contents as herbarium specimens, preserved, dried or embedded museum specimens,

frozen museum specimens, duplicate herbarium specimens or live plant material for scientific study;
and

(c) sets out the name and address of the sending institution and the codes of the exporting and importing
institutions over the signature of a responsible officer of that registered scientific institution.

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