Hong Kong Ordinances

TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 27

Compensation for seizure and detention

(1) Where any goods are seized or detained by an authorized officer under
section 20 the Government shall, subject to this section, be liable to
compensate the owner of the goods for any loss suffered by him by reason of
the seizure or detention or by reason that the goods, during the detention,
are lost or damaged; but the owner shall not be entitled to compensation for
the loss if-

   (a)  he is convicted of an offence under this Ordinance committed in
        relation to the goods;

   (b)  an order has been made by a court or magistrate under section  24 (4)
        for the destruction of the goods or the return of the goods for
        alteration; or

   (c)  the court is satisfied during proceedings commenced by an owner for
        compensation under this section that the goods did not comply with-

        (i)    the applicable requirements of at least one of the sets of
               safety standards listed in section 3(1)(a), (b) and (c), the
               relevant  specification, or at least one of the
               relevant specifications (if there is more than one
               specification), listed in the Schedule or an additional safety
               standard established by regulation; or (Amended 16 of 1997 s.
               11)

        (ii)   the general safety requirement under section 8.

(2) In any proceedings against the Government in respect of a claim for
compensation under subsection (1), the amount of the compensation recoverable
shall be such amount as is just and equitable in all the circumstances of the
case, including the conduct and comparative blameworthiness of-

   (a)  the owner of the goods;

   (b)  the person in charge or control of the goods at the time they were
        seized;

   (c)  the agents of the persons specified in paragraphs (a) and (b); and

   (d)  authorized officers, public officers and other persons concerned.

(3) No proceedings shall be maintainable in respect of a claim for
compensation under subsection (1) unless the proceedings are commenced-

   (a)  in the case of a claim for compensation in respect of goods released
        to their owner by order of a court or magistrate or by any person
        having authority to release the goods to him, not later than 6 months
        after the release thereof;

   (b)  in the case of a claim for compensation on the ground that any goods
        were lost during the detention thereof, not later than 6 months after-

        (i)    the discovery by the owner of the loss; or

        (ii)   the date on which the owner could, by the exercise of
               reasonable diligence, have discovered the loss, whichever is
               the earlier. (Enacted 1992)