48
CAP. 134]
Dangerous Drugs
[1988 Ed.
(4) In this section "non-custodial sentence" means one or more of the following sentences-
(a) a fine;
(b) a probation order under section 3 of the Probation of Offenders
Ordinance (Cap.298);
(c) a suspended sentence of imprisonment under section 109B of the
Criminal Procedure Ordinance (Cap.221).
(Added 67 of 1979, s. 4)
Dangerous drugs forfeited by law
55. Any dangerous drug in respect of which an offence under this Ordinance is being or has been committed, and any dangerous drug in transit-
(a) which was accompanied, when it was brought into Hong Kong, by a false export authorization or diversion certificate or by an export authorization or diversion certificate which was obtained by fraud or by the wilful misrepresentation or omission of a material particular; or
(b) which, not being accompanied by an export authorization or diversion certificate when it was brought into Hong Kong, was being conveyed for an unlawful purpose or was in transit for the purpose of being imported into another country in contravention of the laws of that country,
shall, with effect from the seizure thereof under section 52, be forfeited to the Crown.
Forfeiture of articles, etc., used in connection with offence
56. (1) A court may (whether or not any person has been convicted of such offence) order to be forfeited to the Crown--
(a) any money or thing (other than premises, a ship exceeding 250 gross tons, an aircraft or a train) which has been used in the commission of or in connection with an offence under this Ordinance; and
(b) any money or other property received or possessed by any person as
the result or product of an offence under this Ordinance.
(2) An order under subsection (1) for the forfeiture of a thing may include a term permitting a specified person or persons to redeem such thing on such conditions, including conditions as to the payment of the value or a proportion of the value thereof to the Crown, as the court may think fit.
(3) The court may require that notice of an application for forfeiture under subsection (1) shall be given in such manner as it thinks fit.
(4) The Governor in Council may, in his absolute discretion and after any proceedings under this Ordinance are concluded, entertain and give effect to any moral claim to or in respect of any money, thing or other property which has been forfeited to the Crown.