1964_WEIGHTS_AND_MEASURES_ORDINANCE — Page 14

1987 Ed.]

Weights and Measures

[CAP. 68

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(b) shall, in any case where paragraph (a) does not apply, be paid into the general revenue after the expiration of 6 months from the date of sale.

(4) Notwithstanding subsection (1), if goods to which this section applies are of no appreciable value or of value so small in the opinion of the Commissioner as to render impractical the sale thereof, the Commissioner may cause the goods to be destroyed or otherwise disposed of in such manner as he sees fit.

(5) The powers conferred on the Commissioner under this section may be exercised whether or not any person has been charged or convicted of any offence under this Ordinance.

PART VI

FORFEITURE

28. (1) All weighing or measuring equipment or goods seized under this Ordinance shall be liable to forfeiture, whether or not any person has been convicted of an offence in respect of the equipment or goods.

(2) Where weighing or measuring equipment or goods are detained under this Ordinance, the Commissioner may at any time release such equipment or goods to the person who appears to him to be the owner thereof or his authorized agent subject to any such condition as the Commissioner may specify in writing.

(3) Where any weighing or measuring equipment or goods detained under this Ordinance have not been released under subsection (2), the Commissioner may, whether in the same proceedings where an offence is prosecuted or in other proceedings under this Ordinance relating to that equipment or goods, apply to a magistrate for the forfeiture of the equipment or goods.

(4) If, on the hearing of an application under subsection (3), the magistrate is satisfied that the weighing or measuring equipment or goods are liable to forfeiture, the magistrate may order that the equipment or goods-

(a) be forfeited;

(b) be destroyed; or

(c) be delivered to the owner thereof or his authorized agent subject to any such condition as the magistrate may specify in the order.

(5) Where under subsection (3) an application is made to a magistrate for the forfeiture of weighing or measuring equipment or goods otherwise than in proceedings where an offence is prosecuted, the Commissioner shall forthwith notify in writing the owner of the equipment or goods or his authorized agent, unless the owner or his authorized agent has indicated in writing to the Commissioner that

Forfeiture and disposal of certain equipment and goods.