1972-HKRS28-16-20_Part04 — Page 13

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Section 86 repealed and new sections 86 - 36D substituted.

(Cap. 230)

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hawkers) licensed under regulations made pursuant to section 83A, subject to such con- ditions as may be specified by the Authority, (b) the Commissioner for Transport may, if he thinks necessary, by further notice in the Gazette, order that-

or

() the street be closed to vehicular traffic:

(ii) the street be closed to vehicular traffic travelling in such direction as he specifies in the notice,

either at all times or at such times as he specifies in the notice.

(6) On making an order under subsection (5)B). the Commissioner for Transport shall cause to be erected pursuant to the Road Traffic Ordinance at each entrance to the street appropriate signs indicating the closure in accordance with the order.

(7) No action shall lie against the Crown, the Commissioner for Transport, the Authority, or any public officer by reason only of the exercise of the powers conferred by this section.

(8) Where under subsection (4) only part of a street is set aside, every reference in this section to the term 'street" shall be construed as meaning the part of the street so set aside.**.

Section 86 of the principal Ordinance is repealed and replaced by the following--

"Seizure of hawker equipment and com- modities from alleged

offenders.

86. (1) A public officer authorized in writing by the Authority for the purposes of this section or a police officer may scize any equipment or com- modity in respect of which he has reason to believe that a hawker offence has been committed.

(2) Any commodity of a perishable nature scized under subsection (1) may immediately be disposed of by the Commissioner of Police or the Authority, as the case may be.

(3) Where any equipment or commodity has been seized under subsection (1) and a claim is made in respect of the equipment or commodity within 48 bours after the date of the seizure, the Commissioner

Forfeiture of hawker equipment and com- modities by the court.

of Police or the Authority, as the case may be. unless an information is laid within 72 hours after the date of the seizure for a hawker offence in respect of the equipment or commodity, shall, if satisfied that the claimant was entitled to the possession of the equipment or commodity at the time of the seizure-

(a) return the equipment or commodity to the

claimant; or

(6) in the case of a perishable commodity dis- posed of under subsection (2), assess its value and pay to him the amount of that value.

(4) Where a claim under subsection (3) is refused. the claimant shall be informed of his rights under section 86C.

(5) Where an information is laid within 72 hours after the date of seizure for an offence in respect of any equipment or commodity seized under subsection (1), the equipment or commodity, or, in the case of a perishable commodity that has been disposed of under subsection (2) by way of sale, the proceeds of sale, shall be retained pending disposal under section BGA

86A. (1) Where any person is convicted of a hawker offence in respect of any equipment or com- modity seized under section 86(1), the informant shall inform the court of the seizure and thereupon the court shall, in addition to any other penalty-

(a) order the forfeiture of the equipment or commodity, or, in the case of a perishable commodity disposed of under section 86(2) by way of sale, the proceeds of sale, if the offence is one designated for the purposes of This subsection by regulations made under section 83: or

(b) unless it finds and specifies special reasons, which reasons shall be special to the facts of the case and not special to the offender as distinct from the offence, shall, in the case of any other hawker offence, make such an order.