Hong Kong Ordinances

CONSUMER GOODS SAFETY ORDINANCE - SECT 31

Destruction or release of seized goods

PART IX

DESTRUCTION OF GOODS, ETC.

(1) Where consumer goods have been supplied, manufactured or imported contrary
to section 6, the consumer goods shall be liable to be destroyed.

(2) Where consumer goods are seized or detained by an authorized  officer
under section 19, the Commissioner may at any time release the consumer goods
to the person who appears to him to be the owner or his authorized agent
subject to such conditions as the Commissioner may specify in writing.

(3) Where consumer 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 consumer goods.

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

   (a)  the consumer goods be destroyed; or

   (b)  where it is feasible to alter the consumer goods so that they comply
        with this Ordinance, the consumer goods be returned to the owner on
        condition that he so alter the consumer 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 consumer goods otherwise than in proceedings where an
offence is prosecuted, the Commissioner shall forthwith notify in writing the
owner of the consumer 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 consumer goods cannot
reasonably be ascertained.

(6) If there is more than one owner of the consumer 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 1994)