【法规名称】
【法规编号】 79346 什么是编号？
【正 文】
第5页 CAP 354 WASTE DISPOSAL ORDINANCE
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[接上页] (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $100000 and, in addition, if the offence is a continuing offence to a fine of $5000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 28 of 1994 s. 7) Cap 354 s 15B Compensation for seizure of livestock Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) Where any livestock is seized- (a) in respect of an alleged contravention of section 15A(1) or 15AA and no person is subsequently convicted of an offence under that section in relation to that livestock; or (Amended 28 of 1994 s. 8; 80 of 1997 s. 102) (b) in contravention of section 15E(1),and whether or not such livestock is subsequently released to the owner of the livestock or the livestock keeper (other than the owner) on the order of a magistrate or otherwise, the owner or person in lawful possession of that livestock may within 6 months of such seizure or later criminal proceedings (if any) apply to the District Court or the Court of First Instance for compensation for any loss arising out of the seizure, which loss shall be recoverable as a civil debt due from the Government, and such application may be begun by motion. (Amended 25 of 1998 s. 2) (2) An award of compensation under subsection (1) shall be an award of such sum, if any, as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of- (a) the owner of the livestock; (b) the livestock keeper (other than the owner); (c) the person in charge of the livestock premises in or on which the livestock was kept at the time of seizure; and (d) the Director and any authorized officers concerned. Cap 354 s 15C Forfeiture of livestock (1) A court which convicts any person of an offence under section 15, 15A or 15AA may, in addition to any other order that it makes, order the forfeiture of any livestock in respect of which the offence is committed. (2) Where livestock in respect of which a person is convicted of an offence under section 15, 15A or 15AA is sold or otherwise disposed of, whether under section 15D(2) or otherwise, a court which subsequently convicts any person who is the owner of the livestock of an offence under section 15, 15A or 15AA may order- (a) in the case of a sale under section 15D(2), the forfeiture of a sum of money equal to the balance referred to in section 15D(3); and (b) in any other case, the forfeiture of a sum of money equal to the value of the livestock at the time of its disposal. (Amended 28 of 1994 s. 9) Cap 354 s 15D Seizure of livestock (1) Subject to section 15E, the Director may seize, detain and dispose of any livestock that he has reasonable cause to suspect is being kept in contravention of section 15, 15A or 15AA. (Amended 28 of 1994 s. 10) (2) Subject to subsection (4), where livestock is seized under subsection (1) the livestock may be sold by the Director, whether or not any person is prosecuted for, or convicted of, an offence under section 15, 15A or 15AA, and the proceeds of sale dealt with under subsection (3). (Amended 28 of 1994 s. 10) (3) Where livestock is sold under subsection (2) the proceeds of sale shall be used to pay any costs incurred in the seizure, detention and sale and the balance (if any)- (a) shall be paid to the person who- (i) submits in writing to the Director within 28 days of the sale a claim to such livestock; and (ii) proves to the satisfaction of the Director that he was the owner of the livestock at the time it was seized; or(b) where it is not paid under paragraph (a), shall be forfeited unless, within 2 months of the sale, a court otherwise orders upon an application made by the Director or any person who has an interest in the livestock.(4) Where livestock seized under subsection (1) is of no commercial value or the sale of the livestock is for any reason not considered by the Director to be practicable the Director may order the livestock to be destroyed or otherwise disposed of in such manner as he thinks fit. Cap 354 s 15E Restriction on seizure of livestock (1) The Director shall not under section 15D(1) seize any livestock that he has reasonable cause to suspect is being kept in contravention of section 15A(1) or 15AA unless he has first served on the owner of the livestock or the livestock keeper (other than the owner) notice of intended seizure in a form which the Director may specify and obtained a warrant issued by a magistrate under subsection (2) for that purpose. (Amended 28 of 1994 s. 11) (2) A magistrate may issue a warrant to the Director to seize livestock that the Director has reasonable cause to suspect is being kept in contravention of section 15A(1) or 15AA if the magistrate is satisfied by information on oath that there are reasonable grounds for seizing that livestock. (Amended 28 of 1994 s. 11) (3) Where the Director seizes any livestock in accordance with a warrant issued under subsection (2) he shall, if required, produce that warrant. |
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