Hong Kong Ordinances

RABIES ORDINANCE - SECT 38

Removal from detention, forfeiture, etc.

(1) No person may remove an animal or thing from a quarantine  centre,
observation centre or other place in which it has been detained under this
Ordinance except with the permission of an authorized officer and upon payment
of the fees prescribed in respect of such detention.

(2) Subject to subsection (3), where-

   (a)  an animal or thing detained under this Ordinance is not removed from a
        quarantine centre, observation centre or other place-

        (i)    in the case of an animal, by its keeper or in the case of an
               animal detained upon its importation into Hong Kong, by its
               keeper or importer; or

        (ii)   in the case of a thing, by the owner of the thing, within 3
               days after the expiry of a period of detention ordered or
               specified therefor;

   (b)  the fees payable in respect of any detention under this Ordinance are
        not paid within 7 days after demand therefor has been made; or

   (c)  the owner of a thing or the keeper, or in the case of an animal
        detained upon its importation into Hong Kong the keeper or importer,
        of an animal which is detained under this Ordinance cannot after
        reasonable inquiry be found or ascertained within 4 days after the
        commencement of such detention, the Director may order the forfeiture
        of the animal or thing, in which case he may either retain it or cause
        it to be sold, destroyed or otherwise disposed of as he considers
        appropriate.

(3) The Director shall serve a notice on the keeper or importer of the animal
or the owner of the thing as the case may require notifying him of his
intention to order the forfeiture of such animal or thing before he makes the
order of forfeiture unless such keeper or importer or owner is unknown to or
cannot be readily found or ascertained by the Director or is absent from Hong
Kong.

(4) Where any animal or thing is sold or otherwise transferred pursuant to
this section the purchaser or transferee thereof shall acquire a good title.

(5) Where an animal or thing is sold pursuant to this section the Director
shall as soon as is reasonably practicable after the sale serve a notice on
the keeper or importer of the animal or the owner of the thing as the case may
require notifying him-

   (a)  that the animal or thing has been sold;

   (b)  of the date of the sale;

   (c)  of the amount of the fees payable in respect of the detention of the
        animal or thing;

   (d)  of the expenses of the sale; and

   (e)  that unless he makes a demand for the proceeds of the sale

(after deducting the fees payable in respect of the detention and the expenses
of the sale) within 1 month after the date of the service on him of the notice
the proceeds of the sale shall be paid into the general revenue, unless such
keeper or importer or owner is unknown to or cannot be readily found or
ascertained by the Director or is absent from Hong Kong.

(6) The proceeds of such sale, after deducting the fees payable in respect of
the detention and the expenses of the sale, shall be paid on demand to the
keeper or importer of the animal or the owner of the thing as the case may
require if such demand is made-

   (a)  where a notice has been served under subsection (5), within 1 month
        after the date of such service;

   (b)  where a notice has not been served under subsection (5), within 1
        month after the date of the sale.

(7) Where the demand in subsection (6) is not made within 1 month after the
date of the service of the notice under subsection (5) or the date of the
sale, as the case may be, the proceeds of the sale shall be paid into the
general revenue.

(8) A person who contravenes subsection (1) commits an offence and is liable
to a fine of $10000 and to imprisonment for 6 months. (Enacted 1992)