1968-HKRS28-8-35_Part03 — Page 20

Failure to comply with requirement under section 52 and obstruction of authorized

officer.

Chemical tests and handwriting.

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(e) detain every person on board any ship, aircraft, vehicle or train which he is empowered by this section to search. and prevent any person from approaching or boarding such ship, aircraft, vehicle or train, until it has been searched.

(9) No female shall be searched under this section except by a female and no person shall be searched under this section in

a public place if he objects to being so searched.

(10) In this section—

"article liable to seizure" means-

(a) any dangerous drug referred to in section 55;

(b) any money or thing liable to forfeiture under this

Ordinance;

(c) any thing which is or contains evidence of an offence

under this Ordinance or a corresponding law; "Commissioner of Police" includes a deputy or assistant commis-

sioner of police:

"Commissioner of the Preventive Service" includes a Deputy or

Assistant Commissioner of the Preventive Service.

53. Any person who-

(a) fails to comply with a requirement of a public officer under paragraph (b) of subsection (5) of section 52 or paragraph (b) of subsection (6) of that section; or

(b) obstructs a public officer in the exercise of any power

conferred on him by section 52.

shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars and to imprisonment for six months.

54. (1) Any police officer not below the rank of inspector may require any person whom he reasonably suspects to be guilty of an offence under this Ordinance-

(a) to have his finger nails pared and his bands washed in water for the purpose of analysis of such finger nails and water: or

(b) to give a specimen of his handwriting for the purpose

of comparison.

(2) Any person who fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars.

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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 authoriza- tion 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.

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 exceed- ing two hundred and fifty gross tons, an aircraft or a train) which has been used in the commission of or in connexion 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.

57. (1) Save as provided in subsection (2)—–—

(a) no information for an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceed- fog: and

Dangerous

drugs forfeited by law.

Forfeiture of articles, etc., used in connexion

with offence.

Protection of informers.