PREVENTION OF CHILD PORNOGRAPHY
ORDINANCE
10. Order and direction for forfeiture
(1) Subject to subsection (2) and section 11, where an application is made by a public officer to a magistrate for an order for forfeiture, the magistrate may, in the case of any thing that is before him and is liable to forfeiture under section 9, order it to be forfeited.
(2) Where a person charged with an offence under section 3 has established any ground of defence—
- (a) under section 4, an order for forfeiture shall not be made under subsection (1) in respect of any thing that relates to the charge and is not child pornography; or
- (b) under section 4(1), (2)(a) or (b) or (3)(a) or (b), an order for forfeiture shall not be made under subsection (1) in respect of any thing that relates to the charge and is child pornography.
(3) An order for forfeiture of any thing may be made under subsection (1) notwithstanding that no person is convicted of any offence in connection with the thing.
(4) Any thing that is ordered to be forfeited under subsection (1) shall be disposed of in such manner as the magistrate directs.
11. Procedure in relation to forfeiture
(1) Subject to subsections (3) and (4), before making an order for forfeiture of any thing under section 10, the magistrate shall issue a summons to—
- (a) the occupier of any premises or any place or, in the case of a stall, the owner or the occupier of the stall, in or from which the thing was seized; and
- (b) the owner of the thing seized, to appear on a day specified in the summons to show cause why the thing should not be forfeited.
(2) In addition to any person mentioned in subsection (1), any other person being the producer or manufacturer of any thing seized or a person into whose hands any such thing may have passed before seizure, or a person who has an interest in any thing seized, may appear before the magistrate on the day specified in the summons to show cause why the thing should not be forfeited.
(3) If the magistrate is satisfied that any person mentioned in subsection (1) cannot for any reason be found or ascertained, he may dispense with the issue of a summons to that person.
