TNAG-1953-FCO40-2782-Trade-of-rare-and-endangered-species-in-Hong-Kong-1989 — Page 15

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

in paragraph (a) by adding "or returned" after "released".

(3) Section 13 is amended by adding after subsection (2)

"(2A) Where any scheduled species or controlled medicine

has been seized under section 11(5) (a) but no prosecution for an

offence under section 4, 5, 6, 9 or 10 has been brought in

respect of the scheduled species or controlled medicine so

seized for whatever reason, the Director or authorized officer

may apply to the court for an order in respect thereof and the

court may order the scheduled species or controlled medicine and

any other article seized under section 11(5)(b), (c) or (d)

·

<

(a)

to be released or returned to the person from whom it

or they were seized or to the owner thereof; or

(b) to be forfeited to the Crown."

(4) Section 13(3) is amended

(a)

by adding "or the medicine, as the case may be, seized

under section 11(5)(a)" after "plant"; and

(b)

in paragraph (a) by adding "or returned" after "released".

(5) Section 13(4) is repealed and the following substituted

-

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