Cap 607 s 38 Return and forfeiture of things seized in respect of offences under section 5, 7 or 23 (GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE)

Contents of Section

Chapter:	607	Title:	GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE	Gazette Number:	L.N. 170 of 2010
Section:	38	Heading:	Return and forfeiture of things seized in respect of offences under section 5, 7 or 23	Version Date:	01/03/2011

(1) If a person is convicted of an offence under section 5, 7 or 23, any thing seized under section 33 in connection with the offence that is a GMO or contains a GMO is to be forfeited to the Government.
(2) If a person is convicted of an offence under section 5, 7 or 23, the court or magistrate may order any thing seized under section 33 in connection with the offence that is not a GMO or does not contain a GMO—

(a) to be returned to the person from whom it was seized or to its owner; or

(b) to be forfeited to the Government.

(3) If an offence is prosecuted under section 5, 7 or 23 and no defendant in the proceedings is convicted of the offence, the court or magistrate may order any thing seized under section 33 in respect of which the prosecution is brought—

(a) to be returned to the person from whom it was seized or to its owner; or

(b) to be forfeited to the Government.

(4) This section does not apply to a thing seized under section 33 if it has been disposed of under section 37.