Hong Kong Ordinances

OZONE LAYER PROTECTION ORDINANCE - SECT 14

Forfeiture

(1) Anything seized under section 11(2) is liable to forfeiture, whether or
not any person has been convicted of an offence in respect of the thing.

(2) Where anything is seized under section 11(2), the Director may at any time
release it, upon payment of reasonable storage charges, to the person who
appears to him to be the owner of it or his authorized agent subject to any
conditions that the Director may specify in writing. (Amended 6 of 1997 s. 4)

(2A) Where anything seized under section 11(2) is without an apparent owner,
the Director shall, within 7 days from the date of its seizure, cause a notice
to be exhibited at the Environmental Protection Department in a place to which
the public have access-

   (a)  calling upon the owner to submit a claim of ownership within 30 days;
        and

   (b)  declaring the Director's intention to apply for forfeiture of the
        thing at the expiration of the period if no claim of ownership is
        submitted. (Added 6 of 1997 s. 4)

(3) Where anything has not been released under subsection (2), the Director
may, in proceedings where an offence is prosecuted under this Ordinance or in
separate proceedings relating to the thing seized, apply to a court or
magistrate for the forfeiture of the thing.

(4) Upon the hearing of an application under subsection (3), other than in a
case to which subsection (4A) applies, if the court or magistrate is satisfied
that an offence was committed in respect of the thing, the court or magistrate
may order that the thing- (Amended 6 of 1997 s. 4)

   (a)  be forfeited; or

   (b)  be delivered to its owner or his authorized agent upon payment of
        reasonable storage charges and subject to any conditions that the
        court or magistrate may specify in the order. (Amended 6 of 1997 s. 4)

(4A) Upon the hearing of an application under subsection (3) in a case where
no claim of ownership has been submitted under subsection

(2A)(a), if the court or magistrate is satisfied that the Director has
complied with the provisions of subsection (2A), the court or magistrate may
order that the thing be forfeited to the Government. (Added 6 of 1997 s. 4)

(5) Where under subsection (3) an application is made for forfeiture otherwise
than in proceedings where an offence under this Ordinance is prosecuted, the
Director shall forthwith notify in writing the person who appears to him to be
the owner of the thing or his authorized agent, unless the person who appears
to him to be the owner or his authorized agent has indicated in writing to the
Director that notification is not required. (Amended 6 of 1997 s. 4)

(6) If there is more than one apparent owner of the thing seized, it is
sufficient for the purposes of subsection (5) to give notice to one apparent
owner or his authorized agent, unless that apparent owner or his authorized
agent has indicated that notification is not required. (Amended 6 of 1997 s.
4)

(7) Anything ordered to be forfeited under this section that is a
scheduled substance shall be destroyed or disposed of as determined by the
Director.

(8) The Director shall determine the amount of storage charges payable under
subsection (2) which shall not exceed the value of the thing seized. (Added 6
of 1997 s. 4) (Enacted 1989)