66
CAP. 115]
Immigration
[1989 Ed.
45. Continuance of an offence
Where a person is convicted of an offence under section 44 consisting of a contravention of section 14(1) and the contravention continues after the conviction, then, unless he has a reasonable excuse for the continuance of the contravention, he shall be guilty of a further offence under section 44 and shall be liable on conviction to be punished accordingly.
46. Limitation of time for prosecution
of summary offences
(1) Subject to subsection (2), a complaint may be made or an information laid in respect of an offence under this Ordinance punishable only on summary conviction within 2 years from the time when the matter of such complaint or information respectively arose.
(2) A complaint may be made or an information laid in respect of an offence under section 38(1)(b) or 41 within 3 years from the time when the matter of such complaint or information respectively arose.
(Replaced 52 of 1976 s. 4)
46A. Forfeiture of property other than a ship or vehicle
(1) An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under subsection (2) of any property other than a ship or vehicle.
(2) If in the course of a prosecution for an offence under section 38(1) or under section 90(1) of the Criminal Procedure Ordinance (Cap. 221) where the arrestable offence which a person has committed is an offence under section 38(1), or of the hearing of an application made under subsection (1) by the Attorney General for forfeiture under this section, it appears to the court that any property other than a ship or vehicle-
(a) has been, is being or is intended to be used in the commission or to procure or facilitate the commission of such an offence; or
(b) is the proceeds or represents the proceeds directly or indirectly (as being the result of any disposal or realization of the whole or part of the proceeds) of any such offence,
the court shall, whether or not any person is convicted of any such offence, order the forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so.
(3) Where it appears to a court which is considering making an order for forfeiture under this section that a person who is not before the court may claim ownership of, or an interest in, the property which may be forfeited, it shall give that person an opportunity to make representations to the court as to why such an order should not be made.
(Added 61 of 1979 s. 5)
66
CAP. 115]
Immigration
[1989 Ed.
45. Continuance of an offence
Where a person is convicted of an offence under section 44 consisting of a contravention of section 14(1) and the contravention continues after the conviction, then, unless he has a reasonable excuse for the continuance of the contravention, he shall be guilty of a further offence under section 44 and shall be liable on conviction to be punished accordingly.
46. Limitation of time for prosecution
of summary offences
(1) Subject to subsection (2), a complaint may be made or an information laid in respect of an offence under this Ordinance punishable only on summary conviction within 2 years from the time when the matter of such complaint or information respectively arose.
(2) A complaint may be made or an information laid in respect of an offence under section 38(1)(b) or 41 within 3 years from the time when the matter of such complaint or information respectively arose.
(Replaced 52 of 1976 s. 4)
46A. Forfeiture of property other than a ship or vehicle
(1) An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under subsection (2) of any property other than a ship or vehicle.
(2) If in the course of a prosecution for an offence under section 38(1) or under section 90(1) of the Criminal Procedure Ordinance (Cap. 221) where the arrestable offence which a person has committed is an offence under section 38(1), or of the hearing of an application made under subsection (1) by the Attorney General for forfeiture under this section, it appears to the court that any property other than a ship or vehicle-
(a) has been, is being or is intended to be used in the commission or to procure or facilitate the commission of such an offence; or (b) is the proceeds or represents the proceeds directly or indirectly (as being the result of any disposal or realization of the whole or part of the proceeds) of any such offence,
the court shall, whether or not any person is convicted of any such offence, order the forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so.
(3) Where it appears to a court which is considering making an order for forfeiture under this section that a person who is not before the court may claim ownership of, or an interest in, the property which may be forfeited, it shall give that person an opportunity to make representations to the court as to why such an order should not be made.
(Added 61 of 1979 s. 5)
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