1967-HKRS28-8-34_Part04 — Page 15

Replacement of

sub-beading

before

section 102.

Repeal and replacement of gection 1022.

2

to commit any such offence; and in this section "arrestable offence" means any such offence or attempt":

(b) by deleting subsection (2) and substituting the follow-

ing-

"(2) Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an urrestable offence.":

(c) in subsection (3) by deleting “indictable" and substituting

the following-

"arrestable":

(d) in subsection (4) by deleting "indictable" and substituting

the following J

"arrestable".

3. The principal Ordinance is amended by deleting the sub- heading "Seizure of property." before section 102 and substituting the following

"Disposal of property.".

4. Section 102 of the principal Ordinance is repealed and replaced by the following-

"Disposal

of property connected with

offences.

102. (1) Where-

(a) any property has come into the possession of a court or the police in connexion with any offence:

(b) it appears to a court that an offence has been committed in respect of any property in the possession of the court or the police:

or

(c) il appears to a court that any property in the possession of the court or the police has been used in the commission of an offence,

then, whether or not the offence was committed or sppears to have been committed in Hong Kong, a court may dispose of such property in the manner provided in this section.

(2) Of its own motion or upon application, a court may-

(a) in respect of property to which paragraph

(a) of subsection (1) applies-

(i) make an order for the delivery of any such property to the person who appears to the court to be entitled thereto;

ון

(i) where the person so entitled is un- known or cannot be found, make an order that the property be sold or retained in the possession of the court or the police; and

(b) in respect of property to which paragraph

(b) or (c) of subsection (1) applies-

(i) deal with such property under para- graph (4) in the like manner as property to which paragraph (a) of subsection (1) applies;

or

(ii) make an order for the forfeiture of the property.

(3) Save where the property is perishable, no order for the delivery, sale or forfeiture of property shall be made under subsection (2) unless the court is satisfied that the property will not be required as an exhibit in any proceedings before a court.

(4) Where under subsection (2) a court orders the sale or retention of property, and no person establishes a claim to the property or the proceeds of sale thereof within six months from the date such order is made, the property or the proceeds of sale shall become the property of the Crown.

(5) An order made under subsection (2), other than an order for the retention of property, shall not, except when the property is a live animal, bird or fish or is perishable, be carried out until the period allowed for making an appeal against the order has expired or, where such an appeal is duly made, until the appeal has been finally determined or abandoned.

(6) Where by any other Ordinance it is provided that any particular property or class of property shall or may be forfeited, destroyed or disposed of, then the provisions of such Ordinance shall prevail.

(7) The power conferred on a court by sub- paragraph (ii) of paragraph (b) of subsection (2) to order the forfeiture of property shall not apply in respect of immovable property or any aircraft, motor vehicle or ship.

(8) In this section "court" includes a magistrate.”.

5. Section 103 of the principal Ordinance is amended by Amendment of deleting "and may direct the same to be held and dealt with in

section 103.