442
indictable offence.
Seizure of things intended to be used in commission
of indictable offence.
Enforcement of order of seizure.
Report of property
found upon person apprehended.
Application of money found upon person apprehended.
Power to the Court to release first
offender on
probation of
good conduct. 50 & 51 Vict.
c. 25 s. 1
No. 9.1 THE ORDINANCES OF HONGKONG
[AD 18
proceeds of, any indictable offence, or into which the proceeds of indictable offence have been converted, and may direct that the same shall be kept or sold, and that the same, or the proceeds thereof shall be held as he or it directs, until some person establishes, to its satisfaction, a right thereto. If no person establishes such right within twelve months from the seizure, such property, or the proceeds thereof, shall become vested in the Colonial Treasurer for the benefit of the Colony, and shall be disposed of accordingly.
92. Any Magistrate or the Court may order the seizure of any implements, materials, or things which there is reason to believe are intended or prepared, or being prepared, with a view to the commission of an indictable offence, and may direct the same to be held and dealt with in the same manner as property seized under the last preceding sections.
93. An order made under either of the last two preceding sections may be enforced by a search warrant.
94. If, on the apprehension of any person charged with an indictable offence, any property is taken from him, a report shall be made by the Police to the Magistrate or the Court of the fact of such property having been taken from such person and of the particulars of such property.
95. If, on the apprehension of any person charged with an indictable offence, any money is taken from him, the Court may, in its discretion, in case of the conviction of such person, order such money or any part thereof to be applied to the payment of any costs, or costs and compensation, directed to be paid by such person.
Probation of First Offenders.
96.-(1.) Where any person is convicted of larceny, or of embezzlement, or of obtaining anything by false pretences, or of any other indictable offence punishable with not more than two years' imprisonment and no previous conviction is proved against him, if it appears to the Court that, regard being had to the youth, character, or antecedents of the offender, to the trivial nature of the offence, or to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without surety or sureties, and during such period as the Court may direct, appear for sentence when called upon, and in the meantime to keep the peace and be of good behaviour.
(2.) In any such case the Court may, if it thinks fit, order the offender to pay such compensation, not exceeding fifty dollars, and such costs
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