Cap 586 s 40 Return or forfeiture of things seized in respect of offences charged under Part 2 or 3 (PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE)

Contents of Section

Chapter:	586	Title:	PROTECTION OF ENDANGERED SPECIES OF ANIMALS AND PLANTS ORDINANCE	Gazette Number:	L.N. 206 of 2006
Section:	40	Heading:	Return or forfeiture of things seized in respect of offences charged under Part 2 or 3	Version Date:	01/12/2006

(1) If a person is convicted of an offence under Part 2 or 3, the court or magistrate may order any thing seized under section 34(1) in connection with the offence that is not a specimen of a scheduled species, or any proceeds of sale of that thing—

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

(b) to be forfeited to the Government.

(2) If a person is convicted of an offence under Part 2 or 3, any specimen of a scheduled species seized under section 34(1) in connection with the offence, or any proceeds of sale of the specimen if already sold under section 35, shall, without order, be forfeited to the Government.
(3) If an offence is prosecuted under Part 2 or 3 and no defendant in the proceedings is convicted of the offence, the court or magistrate may order any thing seized under section 34(1) in respect of which the prosecution was brought, or any proceeds of sale of that thing—

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

(b) to be forfeited to the Government.