Hong Kong Ordinances

PREVENTION OF CHILD PORNOGRAPHY ORDINANCE - SECT 10

Order and direction for forfeiture

(1) Subject to subsection (2) and section 11, where an application is made by
a public officer to a magistrate for an order for forfeiture, the magistrate
may, in the case of any thing that is before him and is liable to forfeiture
under section 9, order it to be forfeited.

(2) Where a person charged with an offence under section 3 has established any
ground of defence—

   (a)  under section 4, an order for forfeiture shall not be made under
        subsection (1) in respect of any thing that relates to the charge and
        is not child pornography; or

   (b)  under section 4(1), (2)(a) or (b) or (3)(a) or (b), an order for
        forfeiture shall not be made under subsection (1) in respect of any
        thing that relates to the charge and is child pornography.

(3) An order for forfeiture of any thing may be made under subsection (1)
notwithstanding that no person is convicted of any offence in connection with
the thing.

(4) Any thing that is ordered to be forfeited under subsection (1) shall be
disposed of in such manner as the magistrate directs.