Hong Kong Ordinances

TRADE DESCRIPTIONS ORDINANCE - SECT 30

Forfeiture and disposal of certain goods

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 65 of 2000 s. 3

(1) Any goods in respect of which an offence under this Ordinance has been
committed shall be liable to forfeiture, whether or not any person has been
convicted of any such offence.

(2) Where goods are seized or detained by an authorized officer under
section 15, the Commissioner may at any time release such goods to the person
who appears to him to be the owner thereof or his authorized agent subject to
any such condition as the Commissioner may specify in writing.

(3) Where goods have not been released under subsection (2), the Commissioner
may, whether in the same proceedings where an offence is prosecuted or in
other proceedings under this Ordinance, apply to a court or magistrate for the
forfeiture of the goods.

(4) If, on the hearing of an application under subsection (3), the court or
magistrate is satisfied that the goods are liable to forfeiture, the court or
magistrate may order that-

   (a)  the goods be forfeited to the Government; (Amended 65 of 2000 s. 3)

   (b)  the goods be destroyed;

   (c)  any false trade description applied to the goods be obliterated and
        thereafter the goods be-

        (i)    disposed of in such manner and subject to any such condition as
               the court or magistrate may specify in the order; or

        (ii)   released to the owner thereof or his authorized agent subject
               to any condition which the court or magistrate may specify in
               the order; or (Replaced 11 of 1996 s. 16)

   (d)  in exceptional cases, any forged trade mark applied to the goods be
        obliterated and thereafter the goods be-

        (i)    disposed of in such manner and subject to any such condition as
               the court or magistrate may specify in the order; or

        (ii)   released to the owner thereof or his authorized agent subject
               to any condition which the court or magistrate may specify in
               the order. (Replaced 11 of 1996 s. 16)

(5) Where under subsection (3) an application is made to a court or magistrate
for the forfeiture of goods otherwise than in proceedings where an offence is
prosecuted, the Commissioner shall forthwith notify in writing the owner of
the goods or his authorized agent, unless the owner or his authorized agent
has indicated in writing to the Commissioner that such notification is not
required: Provided that, if there is more than one owner of the goods, it
shall be sufficient for the purposes of this subsection to give notice to one
such owner or his authorized agent, unless one such owner or his authorized
agent has indicated that such notification is not required. (Replaced 2 of
1987 s. 6)