1952-HKRS28-8-19_Part01 — Page 22

Schedule.

Powera of search and geizure on

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(k) empowering the Director to co-operate with any other person in doing or authorizing any other person to do anything which the Director is empowered to do by virtue of this section;

0 generally carrying into effect the provisions of this

Ordinance and of any regulations made hereunder.

(a) Any regulation made under this Ordinance may provide that a contravention thereof shall be an offence and that a person guilty of such offence shall be liable on conviction to a fine of two thousand dollars and to imprisonment for one year. Any such regulation may provide that the burden of proving whether agricultural products are for sale wholesale or not, or that they have been purchased retall or at a wholesale market shall lie upon the person accused.

(3) The regulations in the Schedule shall be in force except in so far as they may be rescinded or amended by regulations made under this section.

9. (1) It shall be lawful for any person authorized in writing by the Director for the purpose of securing compliance with contraven regulations made hereunder to enter and inspect at any time on tion of the regulations. production of his authority any building, land or other place, vehicle or vessel which he has reason to believe is used for producing any regulated products or for doing any of the things regulated under this Ordinance that is to say, selling, grading, marking, packing, storing, landing or transporting any such product or adapting it for sale. Notification of any authorization as aforesaid shall be published in the Gazette.

(2) It shall be lawful for any such authorized person who may reasonably suspect any person of contravention of the provisions of any regulation made hereunder-

(a) to require such person to accompany him forthwith to a police station and on failure to comply with such request to use such force as may be necessary to compel his attendance at a police station forthwith;

(b) to seize any regulated product and container thereof, the subject of the suspected contravention of regulations made hercunder.

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(3) Whenever any person is brought to a police station under sub-section (a) the facts shall forthwith be reported to the officer in charge of the police station who shall take the action prescribed by section 47 of the Police Force Ordinance in like (Cap. 232), manner as if that person had been arrested by a constable without a warrant on reasonable suspicion of being guilty of an offence.

(4) It shall be lawful for any regulated products seized under subsection (2) to be sold through the agency of the Director and the proceeds thereof shall be held by the Director pending an order by a magistrate.

10. (1) A magistrate shall, on application being made to him. Forfeiture. by or on behalf of the Director, order to be forfeited to the Director any regulated product seized in accordance with the provisions of section 9 or the proceeds of sale of such regulated product sold in accordance therewith, if he is of opinion that an offence against any regulation made hereunder has been committed in respect of such regulated product, whether or not any person has been convicted of any offence and whether or not the owner or other interested party is then before him.

(2) If within one month of the date of an order of forfeiture made under subsection (1), any person claiming or appearing to the magistrate to be the owner or otherwise interested in such regulated product shall apply to the magistrate for a review of his order, the magistrate shall review his order and may rescind or confirm his order.

(3) If the magistrate in exercise of his powers under sub- section (2) rescinds his order of forfciture he shall order that the regulated product or the proceeds of sale thereof, the subject of such order shall be returned or paid to the person establishing a right thereto.

(4) If no application is made to the magistrate in accordance with subsection (2) for a review of his order of forfeiture or if upon review the magistrate confirms his order the regulated product or the proceeds of sale thereof the subject of the order shall become the property of the Director free from all rights of any person.