Hong Kong Ordinances

PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE - SECT 40

Return or forfeiture of things seized in respect of offences charged under Part 2 or 3

(1) If a person is convicted of an offence under Part 2 or 3, the court or
magistrate may order any thing seized under section 34(1) in connection with
the offence that is not a specimen of a scheduled species, or any
proceeds of sale of that thing—

   (a)  to be returned to the person from whom it was seized or to its owner;
        or

   (b)  to be forfeited to the Government.

(2) If a person is convicted of an offence under Part 2 or 3, any specimen of
a scheduled species seized under section 34(1) in connection with the offence,
or any proceeds of sale of the specimen if already sold under section 35,
shall, without order, be forfeited to the Government.

(3) If an offence is prosecuted under Part 2 or 3 and no defendant in the
proceedings is convicted of the offence, the court or magistrate may order any
thing seized under section 34(1) in respect of which the prosecution was
brought, or any proceeds of sale of that thing—

   (a)  to be returned to the person from whom it was seized or to its owner;
        or

   (b)  to be forfeited to the Government.