Hong Kong Ordinances

PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE - SECT 34

Power of seizure

(1) An authorized officer may seize, remove and detain—

   (a)  a thing liable to seizure;

   (b)  a receptacle in which a seized thing is contained or a handling device
        or other device used for or in connection with the thing;

   (c)  any food or drink accompanying a seized animal; or

   (d)  any thing that appears to that officer to be or to contain evidence
        that an offence under Part 2 or 3 has been committed.

(2) For the purposes of this Part, a thing is liable to seizure—

   (a)  if an authorized officer reasonably suspects that the thing—

        (i)    is being or has been imported;

        (ii)   is being or has been introduced from the sea;

        (iii)  is being or is to be exported;

        (iv)   is being or is to be re-exported; or

        (v)    is in the possession or under the control of any person,
in contravention of any provision of this Ordinance;

   (b)  if the thing is an animal or plant, whether live or dead, or a part of
        an animal or plant in respect of which a person has failed to comply
        with a requirement made under section 29(1);

   (c)  if it is a thing in respect of which a person has failed to comply
        with a requirement made under section 30; or

   (d)  if it is a thing in respect of which an authorized officer reasonably
        suspects that a person has contravened section 44.

(3) No civil liability shall be incurred by an authorized officer in respect
of anything done or omitted to be done by that officer in good faith in the
exercise or purported exercise of any power under this section.