Hong Kong Ordinances

CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE - SECT 41

Procedure in relation to forfeiture

(1) Subject to subsections (3) and (4), before making an order for forfeiture
of any article or thing under section 40 the magistrate shall issue a summons
to-

   (a)  the occupier of any premises or, in the case of a stall, the owner of
        the stall, in or from which the article or thing was seized;

   (b)  the owner of any vessel, aircraft or vehicle in or from which the
        article or thing was seized;

   (c)  the owner of the article or thing seized, to appear on a day specified
        in the summons to show cause why the article or thing should not be
        forfeited.

(2) In addition to any person mentioned in subsection (1), any other person
being the author or manufacturer of any article seized or a person into whose
hands any such article may have passed before seizure, or a person who has an
interest in any article or thing seized, may appear before the magistrate on
the day specified in the summons to show cause why the article or thing should
not be forfeited.

(3) If the magistrate is satisfied that any person specified in subsection (1)
cannot for any reason be found or ascertained, he may dispense with the issue
of a summons to that person.

(4) If any summons issued under subsection (1) has not for any reason been
served and the magistrate is satisfied that all reasonable efforts were made
to serve the summons on the person named in the summons he may make an order
of forfeiture under section 40 notwithstanding that the summons was not served
and that the person named in the summons is not given an opportunity to show
cause why the article or thing should not be forfeited.

(5) An order for forfeiture of any article shall, unless the magistrate
considers that there are special reasons for directing otherwise, apply to the
whole of the article.

(6) In this section "owner" (擁有人)-

   (a)  in the case of a stall includes any occupier of that stall;

   (b)  in the case of a vessel includes any charterer and the master of that
        vessel;

   (c)  in the case of an aircraft includes any operator of that aircraft; and

   (d)  in the case of a vehicle includes the driver of that vehicle. (Enacted
        1987)

"owner" (擁有人)