Cap. 60activeordinance

Import and Export Ordinance

進出口條例

Full legislation

s.29A

Power to dispose, etc. of perishables, etc.

(1)
If an article liable to forfeiture under
section 27(1)
is, in the
                opinion of the Commissioner, of a perishable nature or of such a nature that it is
                difficult to store or is likely to deteriorate before the conclusion of any
                proceedings relating to it, the Commissioner
may—
(a)
release the article to the owner or a person entitled to make a claim upon
                    payment by way of security to the Commissioner of an amount of money of not less
                    than the value of the seized article as assessed by the Commissioner or an
                    authorized officer;
(b)
for a perishable article, order that the
article—
(i)
be sold and the proceeds of the sale be retained by the Commissioner;
                        or
(ii)
be destroyed; or
(c)
for an article that is difficult to store or an article that is likely to
                    deteriorate before the conclusion of any proceedings relating to it, apply to a
                    magistrate, the District Court or the Court of First Instance for an order that
                    the article be sold and the proceeds of the sale be retained by the
                        Commissioner.
(Amended
25 of 1998 s. 2
)
(2)
The court to which an application has been made under subsection
(1
)(
c)
shall not make an order under that subsection unless it is
                satisfied, in the case where the application is
made—
(a)
before the expiry of the period for making a claim under
section
                        27(5)
, the persons referred to in
section 27(3)
, (3A) and
                    (3B); or
(b)
after the expiry of the period referred to in paragraph (a), the persons
                    who have given notice to the Commissioner,
have been given notice of the application for an order to sell the
                article.
(3)
Where an application is made under
section 28(1)
with respect to an
                article which is liable to forfeiture under
section 27(1)
, the court may,
                in lieu of ordering under
section 28(6)
or (7) that article be forfeited
                to the Government or be delivered to the claimant, order that the money paid to the
                Commissioner as security under subsection
(1
)(
a)
or retained by the
                Commissioner under subsection
(1
)(
b)
or (c), be forfeited to the
                Government or paid to the person giving the security or the claimant.
(Amended
66 of 2000 s. 3
)