1960-HKRS29-8-27_Part03 — Page 12

Seventh Schedule.

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(5) (a) If a person upon whom a notice has been served under the provisions of subsection (1) fails to attend at the place, and on the day and at the time, specified therein and if a person who has been charged and released in accordance with the provisions of subsection (4) fails to attend before the appropriate court, the court may, on application by any police officer or by or on behalf of the Commandant of the Hawker Control Force and on oath being made before it substantiating the matter of the application to its satisfaction, issue a warrant for the arrest of such person.

(b) Any such warrant-

(c)

(i) shall be in the form of Form C prescribed in the Seventh Schedule and shall be under the hand and seal of the magistrate by whom it was issued;

(1) may be directed to any police officer by name or generally to all the police officers within the Colony or to any member of the Hawker Control Force by name or generally to all members of that Force:

(iii) shall state the ground upon which it was issued: and (iv) shall name or otherwise describe the person in respect of whom it was issued.

Any such warrant shall remain in force until it is executed. (d) Any such warrant may be executed by arresting the person in respect of whom it was issued at any place within the Cology, and where the warrant is directed to all police officers within the Colony or to all members of the Hawker Control Forx. any police officer or any member of such Force, as the cast may be, may execute the same in like manner as if it were directed to him by name.

(e) No such warrant shall be avoided by the death of the magis- trate who issued the same or by his ceasing to be a magistrat for any other reason.

(6) The provisions of subsections (2), (3) and (4) of section 84 shall apply to any person arrested or to be arrested under any such warrapl as they apply to a person arrested or to be arrested under the provisions of subsection (1) of that section.

(7) When any person who has been arrested under any such war rant is brought before the court, the court may, at the conclusion of the proceedings in respect of the offence or offences with which he was charged, call upon such person to show cause why he should not be punished in respect of his failure to attend in accordance with the notice served upon him under the provisions of subsection (1) or of his

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failure to appear before the court in accordance with the provisions of subsection (4), as the case may be, and, if he fails to show any reason- able cause to the satisfaction of the court, such person shall be liable to a fine of five hundred dollars and to imprisonment for two months,

goods in

86. (1) Any stall, table, show board, barrow, cart, tricycle or Seizure and bicycle or any other furniture or paraphernalia. together with any forfeiture of accompanying appliances or utensils, and also any food, drink or goods certain cases. of whatever kind intended for sale, whether they appear to be abandon- ed or not, belonging to or in the possession of, or appearing to such officer to belong to or to be in the possession of, a person committing. or appearing to such officer to be committing or to have committed, any scheduled offence may be seized, carried away and detained at the owner's risk by any police officer or any public officer authorized in writing in that behalf by the Authority, either generally or in any particular case:

Provided that, in the case of anything which is perishable, the Commissioner of Police or the Authority, as the case may be, may cause the same to be sold or otherwise disposed of forthwith.

(2) If, within forty eight hours of its seizure, the owner of any- thing seized under the provisions of subsection (1) makes a claim to the Authority for its return. the Authority shall, if it is satisfied that the claimant is the owner of such thing and if such thing is not detained or otherwise dealt with under the provisions of any other enactmcol or required as an exhibit in any proceedings, return such thing to the claimant or, if it has been sold or otherwise disposed of under the provisions of the proviso to subsection (1), pay to the claimant such sum by way of compensation as it may consider just.

(3) If no claim for the return of anything seized under the pro- visions of subsection (1) is made to the Commissioner of Police or to the Authority within forty eight hours of its such seizure, such thing shall become the property of the Crown, and may be sold or disposed of in such manner as the Commissioner of Police or the Authority, as the case may be, shall direct:

Provided that--

(a) nothing in this subsection shall be construed to prevent the immediate disposal of perishables under the provisions of the proviso to subsection (1); and

(6) any person who considers himself aggrieved by such seizure may, within seven days thereafter, complain to the court, and the court shall, if satisfied-

(i) as to the title of the complainant; and

(i) that no such offence was committed by the complainant or by any other person in relation to the thing in respect of which the complaint is made,