On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/03/2007.
PART II
ADMINISTRATION
5.
—(1) There shall be a Registrar of Plant Varieties who shall have the chief control of the Registry of Plant Varieties.
(2) There shall be one or more Deputy Registrars of Plant Varieties who shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 6.
(3) There shall be one or more Assistant Registrars of Plant Varieties.
(4) The Registrar and all the other officers under this section shall be appointed by the Minister.
[HK Plant Ord. 1997, s. 5]
6.
—(1) The Registrar may, in relation to a particular matter or class of matters, by writing under his hand, delegate all or any of his powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Plant Varieties so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.
(2) A delegation under this section is revocable at will and no delegation shall prevent the exercise of a power or function by the Registrar or by any Deputy Registrar of Plant Varieties.
7. For the purposes of this Act, there shall be an office which shall be known as the Registry of Plant Varieties.
8. There shall be a seal of the Registry and impressions of the seal shall be judicially noticed.
9. The Registrar may, for the purposes of this Act —
(a)
summon witnesses;
(b)
receive evidence on oath, whether orally or otherwise; and
(c)
require the production of documents or articles.
10.
—(1) A person who has been summoned to appear as a witness before the Registrar shall not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who has been required by the Registrar to produce a document or article shall not, without lawful excuse, fail to produce the document or article.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
11.
—(1) A person who appears before the Registrar shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which he is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
12.
—(1) The Registrar may award costs in respect of the matters, and in the amounts provided for in rules made under this Act, against any party to proceedings brought before him.
(2) The rules may provide for the taxation of the costs, or any part of the costs, by the Registrar.
(3) A party desirous to obtain costs or to have the costs taxed must apply to the Registrar in accordance with the rules.
(4) If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.