(Cap. 232).
Sale and forfeiture of goods seized.
be has reasonable cause to suspect that any offence against this Ordinance or any regulations or by-laws made hereunder has occurred, or in the case of paragraph (a) is about to occur→
(a) enter and search any place and stop, board, and search
any vessel or vehicle which he reasonably suspects of being concerned in such offence;
(b) seize any marine fish and container thereof which he reasonably suspects of being the subject matter of such offence. Where necessary to effect such seizure, he may require the driver of any vehicle to proceed to a market or a police station and may detain any vessel or vehicle until such time as he shall be able to transfer therefrom the articles seized;
(c) arrest and take to a police station any person whom he reasonably suspects of being concerned in such offence. On arrival at such police station the facts shall forthwith be reported to the officer in charge thereof who shall take the action prescribed by section 47 of the Police Force Ordinance in like manner as if the person has been arrest- ed by a constable without a warrant on reasonable suspicion of being guilty of an offence.
(2) Any person who resists or obstructs any search, seizure, detention or arrest shall be guilty of an offence and liable upon conviction to a fine of five hundred dollars and imprisonment for three months.
(3) Notification of any officer authorized under subsection (1) shall be published in the Gasette,
B. (1) Any marine fish seized under this or any other enactment may be sold wholesale by the Organization and the market proceeds held pending a determination by a magistrate under this section:
Provided that the Director may in his absolute discretion restore to any person appearing to him to have a right thereto any marine fish or the market proceeds thereof.
(2) On application being made a magistrate shall order to be forfeited to the Crown any marine fish seized in accordance with section 7 or the market proceeds where he is satisfied that an offence, against this Ordinance or any regulations or by-laws made there-
under has been committed in respect of such marine fish, whether or not any person has been convicted of such offence and whether or not the owner or other interested party is then before him.
(3) Within one month of the date of any order of forfeiture made under subsection (2), any person claiming and appearing to the magistrate to be the owner or a person otherwise interested in such marine fish, may apply to the magistrate for a review of bis order, and the magistrate shall review his order and may rescind his order if he is satisfied that no offence under this Ordinance has been committed in respect of the marine fish.
(4) Where the magistrate makes no order for forfeiture under subsection (2) or rescinds the order for forfeiture under subsection (3), he shall order that the marine fish or the market proceeds shall he returned or paid to the person, as the case may be. who establishes a right thereto.
(5) Where no application for review is made to the magistrate under subsection (3) or where upon review the magistrate confirms the order of forfeiture, the marine fish or the market proceeds shall become the property of the Crown free from all rights of any person, and the same shall be delivered up by the Organization to the Crowo.
(6) Notwithstanding the earlier provisions of this section the Governor in Council may in his absolute discretion entertain and give effect to any moral claim to or in respect of any marine fish forfeited thereunder.
(7) For the purposes of this section-
"market proceeds" means the proceeds of sale in a market less any
commission or fees payable to the Organization.
PART II.
Establishment of Fish Marketing Organization.
9. (1) There shall be established a corporation which shall Establigh- be known as the Fish Marketing Organization, and which by that name may sue and be sued in the courts of the Colony.
(2) The Organization shall consist of such officer or persons as the Governor may from time to time appoint.
ment of Aab marketing Organiza- tion.