Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 24

Power to dispose, etc., of perishables, etc.

(1) If an article liable to forfeiture under section 21(1) is, in the opinion
of the Commissioner, of a perishable nature or of such a nature that it is
difficult to store or is likely to deteriorate before the conclusion of any
proceedings relating to it, the Commissioner may—

   (a)  release the article to the owner or a person entitled to make a claim
        upon payment by way of security to the Commissioner of an amount of
        money of not less than the value of the seized article as assessed by
        the Commissioner or an authorized officer;

   (b)  for a perishable article, order that the article—

        (i)    be sold and the proceeds of the sale be retained by the
               Commissioner; or

        (ii)   be destroyed; or

   (c)  for an article that is difficult to store or an article that is likely
        to deteriorate before the conclusion of any proceedings relating to
        it, apply to a magistrate, the District Court or the Court of First
        Instance for an order that the article be sold and the proceeds of the
        sale be retained by the Commissioner.

(2) The court to which an application has been made under subsection (1)(c)
shall not make an order under that subsection unless it is satisfied that—

   (a)  in the case where the application is made before the expiry of the
        period for making a claim under section 21(7), the persons referred to
        in section 21(3), (4) and (5) have been given notice of the
        application for an order to sell the article; or

   (b)  in case where the application is made after the expiry of the period
        referred to in paragraph (a), the persons who have given notice to the
        Commissioner have been given notice of the application for an order to
        sell the article.

(3) Where an application is made under section 22(1) with respect to an
article which is liable to forfeiture under section 21(1), the court may, in
lieu of ordering under section 22(9) or (10) that the article be forfeited to
the Government or be delivered to the claimant, order that the money paid to
the Commissioner as security under subsection (1)(a) or retained by the
Commissioner under subsection (1)(b) or (c), be forfeited to the Government or
paid to the person giving the security or the claimant.

(4) If an article liable to forfeiture under section 21(1) is, in the
reasonable opinion of the Commissioner, a chemical weapon which poses an
immediate threat to the health or safety of the public, the Commissioner may
order that the article be destroyed or otherwise disposed of in such a manner
that the article ceases to be such a threat.