Hong Kong Ordinances

PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE - SECT 42

Return or forfeiture of things seized where no prosecution for offences

(1) If a thing has been seized under section 34(1) but no prosecution for an
offence under Part 2 or 3 or section 29 or 44 has been brought in respect of
that thing, an authorized officer may apply to the court or magistrate for an
order in respect of that thing or any proceeds  of sale of that thing.

(2) On an application under subsection (1), the court or magistrate may order
the thing concerned 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.

(3) If a thing seized under section 34(1)—

   (a)  is placed in the possession or under the control of the Director; and

   (b)  is abandoned by its owner, or appears to the Director to have been so
        abandoned, an authorized officer may apply to the court or magistrate
        for an order in respect of that thing.

(4) On an application under subsection (3), the court or magistrate may, if
satisfied that the owner of the thing concerned is unknown or cannot be found,
order that thing to be forfeited to the Government.