Hong Kong Ordinances

TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 24

Destruction or release of seized goods

(1) Where-

   (a)  toys have been manufactured, imported or supplied contrary to
        section 3;

   (b)  children's products have been manufactured, imported or supplied
        contrary to section 5; or

   (c)  toys or children's products have been manufactured, imported or
        supplied contrary to section 8, the goods shall be liable to be
        destroyed.

(2) Where goods are seized or detained by an authorized officer under
section 20, the Commissioner may at any time release the goods to the person
who appears to him to be the owner thereof or his authorized agent subject to
such conditions as the Commissioner may specify in writing.

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

   (a)  the goods be destroyed; or

   (b)  where it is feasible to alter the goods so that they comply with this
        Ordinance, the goods be returned to the owner on condition that he so
        alter the goods, and supply the Commissioner with certification from
        an approved laboratory that they have been so altered and obtain the
        written approval of the Commissioner before supplying them to any
        person.

(5) Where under subsection (3) an application is made to a court or magistrate
for the destruction 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 or unless the owner of the goods cannot reasonably be ascertained.

(6) If there is more than one owner of the goods, it shall be sufficient for
the purposes of subsection (5) to give notice to one such owner or his
authorized agent or for one such owner or his authorized agent to indicate
that such notification is not required. (Enacted 1992)