Hong Kong Ordinances

HAZARDOUS CHEMICALS CONTROL ORDINANCE - SECT 37

Forfeiture of things seized by authorized officers

(1) If an offence is prosecuted under section 6, 7, 8 or 9, the court may, on
its own motion or on application, order any scheduled chemical, any thing of
which the chemical is a part, or any container used for containing the
chemical or thing, which is seized under section  33 (1)(e)—

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

   (b)  to be forfeited to the Government.

(2) Where an order is made under subsection (1)(b)—

   (a)  any thing that is forfeited to the Government under the order is to be
        regarded as the property of the Government and is free from all rights
        of any other person; and

   (b)  the Director may dispose of it in such manner as he considers
        appropriate.

(3) In any proceedings for the making of an order under subsection

(1), any statement or other indication concerning the nature of any scheduled
chemical which is displayed on or affixed in any manner to—

   (a)  the chemical;

   (b)  any thing of which the chemical is a part; or

   (c)  the container used for containing the chemical or that thing, at the
        time when the chemical or that thing was seized is to be regarded, in
        the absence of evidence to the contrary, as a true description of the
        chemical.

(4) This section applies whether or not a person is convicted of an offence
under section 6, 7, 8 or 9.