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　　(5) An order for forfeiture of any article shall, unless the magistrate considers that there are special reasons for directing otherwise, apply to the whole of the article.
　　
　　(6) In this section "owner" (拥有人)-
　　
　　(a) in the case of a stall includes any occupier of that stall;
　　
　　(b) in the case of a vessel includes any charterer and the master of that vessel;
　　
　　(c) in the case of an aircraft includes any operator of that aircraft; and
　　
　　(d) in the case of a vehicle includes the driver of that vehicle.
　　
　　(Enacted 1987)
　　
　　Cap 390 s 42 Obliteration of indecent matter
　　
　　(1) Subject to subsection (2) and section 43, if, upon the application of any public officer, a magistrate is satisfied that any indecent matter is publicly displayed on any building or other structure he may order the owner of the building or structure to remove or efface that indecent matter.
　　
　　(2) An order shall not be made under subsection (1) if the ground of defence under section 28 is proved in respect of the public display of any matter.
　　
　　(3) If a person against whom an order is made under subsection (1) fails to comply with the order within the time specified in the order, or if no time is specified, within a reasonable time, the magistrate may by warrant empower any police officer, with such assistance as may be necessary, to enter and if necessary to break into or forcibly enter such premises or place and execute that order.
　　
　　(4) A police officer in executing an order under subsection (3) shall have all the powers of a police officer acting in the execution of a warrant under section 34.
　　
　　(5) The Commissioner of Police may apply to a magistrate for an order that a person who has failed to comply with an order made against him under subsection (1) shall pay any expenses reasonably incurred by a police officer in the execution of the order under subsection (3) and the magistrate may make an order for such payment under section 69 of the Magistrates Ordinance (Cap 227) notwithstanding that it may exceed the amount mentioned in that section.
　　
　　(Enacted 1987)
　　
　　Cap 390 s 43 Procedure in relation to obliteration
　　
　　(1) Before making an order to remove or efface any indecent matter under section 42 the magistrate shall, unless he is satisfied that the owner of the building or other structure mentioned in that section 42 cannot for any reason be found or ascertained, issue a summons to him to appear on a day specified in the summons to show cause why an order should not be made to remove or efface that indecent matter.
　　
　　(2) In addition to the person mentioned in subsection (1) any other person being the owner or manufacturer of the indecent matter mentioned in section 42 may appear before the magistrate on the day specified in the summons to show cause why the order to remove or efface that indecent matter should not be made.
　　
　　(3) Subsections (4) and (6) of section 41 shall apply in relation to an order to remove or efface indecent matter under section 42 as they apply in relation to an order for forfeiture under section 40.
　　
　　(Enacted 1987)
　　
　　Cap 390 s 44 Chief Justice may make rules
　　
　　PART VIII
　　
　　RULES, REGULATIONS AND THE POWERS OF THE REGISTRAR
　　
　　The Chief Justice may make rules relating to the practice and procedure to apply to proceedings before a Tribunal, or magistrate, or in any court, under this Ordinance and to appeals under this Ordinance and, in particular, may make rules to provide for-
　　
　　(a) the manner of making application under this Ordinance;
　　
　　(b) the reference of questions from a court or magistrate to a Tribunal;
　　
　　(c) the method of recording a classification or determination of a Tribunal;
　　
　　(d) the service of documents;
　　
　　(e) the form of any document for the purpose of any proceedings in a Tribunal or for any appeal;
　　
　　(f) rights of audience before a Tribunal;
　　
　　(g) the giving of notice relating to any proceedings before a Tribunal or any appeal under section 30; and
　　
　　(h) the award, taxation and recovery of costs relating to any proceedings in a Tribunal.
　　
　　(Enacted 1987)
　　
　　Cap 390 s 45 Powers of Registrar
　　
　　The Registrar may-
　　
　　(a) give directions as to the distribution and disposal of the business of a Tribunal;
　　
　　(b) determine any form of document to be made or issued by a Tribunal; and
　　
　　(c) permit such person or class of person as he thinks appropriate on payment of any prescribed fee to search-
　　
　　(i) the register of notices kept by him under section 19(4); and
　　
　　(ii) the repository of articles kept by him under section 20.
　　
　　(Enacted 1987)
　　
　　Cap 390 s 46 Regulations
　　
　　Remarks:
　　
　　Adaptation amendments retroactively made - see 55 of 1999 s. 3
　　
　　The Chief Executive in Council may make regulations to provide for- (Amended 55 of 1999 s. 3)
　　
　　(a) fees;
　　
　　(b) the manner of giving of notice under section 18;
　　
　　(c) the empowering of a Tribunal or the Registrar to waive any prescribed fee; and
　　
　　(d) the payment of fees and allowances to adjudicators.
　　
　　(Enacted 1987)
　　
　　Cap 390 s 47 (Omitted as spent)
　　
　　PART IX
　　
　　(Omitted as spent)
　　
　　(Enacted 1987)
　　
　　Cap 390 s 48 (Omitted as spent)
　　
　　PART IX
　　
　　(Omitted as spent)
　　
　　(Enacted 1987)

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