Environment Protection and Management Ordinance 1987 (HIMI)
22Seizure and forfeiture
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22 Seizure and forfeiture
(1) Where a court convicts a person of an offence against this Ordinance the court may order the forfeiture to the Commonwealth of any aircraft, vehicle, vessel or article used or otherwise involved in the commission of the offence. (2) An inspector may seize any aircraft, vehicle, vessel or article that the inspector believes on reasonable grounds to have been used or otherwise involved in the commission of an offence against this Ordinance and may retain it until the expiration of a period of 60 days after the seizure, or, if proceedings for an offence against this Ordinance in the commission of which it may have been used or otherwise involved are instituted within that period, until the proceedings are terminated. (3) The Minister may authorise any aircraft, vehicle, vessel or article seized under subsection (2) or anything in, on or attached to any such aircraft, vehicle or vessel to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on such conditions as are reasonable in the circumstances, including conditions as to the giving of security for payment of its value if it is forfeited. (4) Any aircraft, vehicle, vessel or article forfeited under this section may be sold or otherwise disposed of as the Minister thinks fit. (5) An inspector may seize any organisms in respect of which the inspector believes on reasonable grounds that an offence against this Ordinance has been committed. (6) The Minister may cause any organisms seized under subsection (5) to be retained or disposed of and, if an offence against this Ordinance was not committed in respect of them, any person who has suffered loss or damage by reason of the seizure is entitled to reasonable compensation the amount of which shall be determined by the Minister.