Cap 528 s 131 Seized articles, etc. liable to forfeiture (COPYRIGHT ORDINANCE)

Contents of Section

Chapter:	528	Title:	COPYRIGHT ORDINANCE	Gazette Number:	L.N. 68 of 2010
Section:	131	Heading:	Seized articles, etc. liable to forfeiture	Version Date:	16/07/2010

(1) Any article, vessel, aircraft, vehicle or thing seized or detained by an authorized officer under section 122 is liable to forfeiture in accordance with the following provisions whether or not any person has been charged of an offence under section 118, 119A, 119B or 120. (Amended 4 of 2004 s. 4; 15 of 2007 s. 37)
(2) The Commissioner shall, subject to subsection (3) and not later than 30 days beginning on the date of the seizure or detention of the article, vessel, aircraft, vehicle or thing serve notice of the seizure or detention on a person who was to the knowledge of the Commissioner at the time of, or immediately after seizure or detention, an owner of the article, vessel, aircraft, vehicle or thing.
(3) Subsection (2) does not apply if the article, vessel, aircraft, vehicle or thing was seized or detained in the presence of-

(a) an owner, or an employee or agent of the owner, of the article, vessel, aircraft, vehicle or thing;

(b) the person whose offence or suspected offence gave rise to the seizure or detention; or

(4) A notice given under subsection (2) is deemed to have been duly served if-

(a) it is delivered to the person on whom it is served;

(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Commissioner; or

(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited at the Customs and Excise Department, in a place to which the public have access, for a period of not less than 7 days commencing within 30 days from the date of the seizure or detention of the article, vessel, aircraft, vehicle or thing.

(5) If an article, vessel, aircraft, vehicle or thing is liable to forfeiture under subsection (1), the owner or the authorized agent of the owner thereof, or a person who was in possession thereof at the time of seizure or detention, or a person who has a legal or equitable interest in it, may within 30 days beginning-

(a) on the date of the seizure or detention; or

(b) where the notice under subsection (2) is-

(i) served by delivery to the person to be served, on the date of service; or

(ii) sent by registered post, 2 days after the date of posting; or

(iii) exhibited as described in subsection (4)(c), on the first day it is so exhibited,

give notice in writing to the Commissioner of his full name and address for service in Hong Kong and claim that the article, vessel, aircraft, vehicle or thing is not liable to forfeiture.
(6) A claimant may withdraw a notice of a claim at any time by notice in writing to the Commissioner.
(7) Except where a person is charged with an offence under section 118, 119A, 119B or 120 in connection with the seized or detained article, vessel, aircraft, vehicle or thing, if on the date of the expiration of the appropriate period of time specified in subsection (5) for the giving of a notice of claim no such notice has been given in writing to the Commissioner, the article, vessel, aircraft, vehicle or thing is forfeited forthwith to the Government. (Amended 22 of 1999 s. 3; 4 of 2004 s. 4; 15 of 2007 s. 37)