Hong Kong Ordinances

PREVENTION OF CHILD PORNOGRAPHY ORDINANCE - SECT 11

Procedure in relation to forfeiture

(1) Subject to subsections (3) and (4), before making an order for forfeiture
of any thing under section 10, the magistrate shall issue a summons to—

   (a)  the occupier of any premises or any place or, in the case of a stall,
        the owner or the occupier of the stall, in or from which the thing was
        seized; and

   (b)  the owner of the thing seized, to appear on a day specified in the
        summons to show cause why the thing should not be forfeited.

(2) In addition to any person mentioned in subsection (1), any other person
being the producer or manufacturer of any thing seized or a person into whose
hands any such thing may have passed before seizure, or a person who has an
interest in any thing seized, may appear before the magistrate on the day
specified in the summons to show cause why the thing should not be forfeited.

(3) If the magistrate is satisfied that any person mentioned in subsection (1)
cannot for any reason be found or ascertained, he may dispense with the issue
of a summons to that person.

(4) If any summons issued under subsection (1) has not for any reason been
served and the magistrate is satisfied that all reasonable efforts were made
to serve the summons on the person named in the summons, he may make an order
for forfeiture under section 10 notwithstanding that the summons was not
served and that the person named in the summons has not been given an
opportunity to show cause why the thing should not be forfeited.

(5) An order for forfeiture of any thing shall, unless the magistrate
considers that there are special reasons for directing otherwise, apply to the
whole of the thing.