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[接上页] (a) in the case of a dog or cat, its keeper; (b) in the case of any other thing, its owner,unless the keeper or the owner, as the case may be, is unknown to or cannot after reasonable inquiry be found or ascertained by the authorized officer, or is absent from Hong Kong. (Part IV added 97 of 1997 s. 10) Cap 167 s 10 Power to vary period of detention (1) A period of detention specified under section 9 in respect of a dog or cat or any other thing may be varied by an authorized officer in such manner as he thinks fit. (2) Where a period of detention of a dog or cat or any other thing specified under section 9 has been varied by an authorized officer under subsection (1), he shall forthwith serve a notice in writing of the variation on- (a) in the case of a dog or cat, its keeper; (b) in the case of any other thing, its owner,unless the keeper or the owner, as the case may be, is unknown to or cannot after reasonable inquiry be found or ascertained by the authorized officer, or is absent from Hong Kong. (Part IV added 97 of 1997 s. 10) Cap 167 s 11 Removal from detention, forfeiture, etc. (1) (a) Where a dog or cat or any other thing is detained at any place under this Ordinance, no person shall remove the dog or cat or the thing from the place unless- (i) an application made by him to an authorized officer under paragraph (b) is accepted by the authorized officer; and (ii) the fees and charges payable in respect of the dog or cat or the thing, as the case may be, to the Director under this Ordinance have been paid. (b) A person may apply in writing to an authorized officer for the removal of a dog or cat or any other thing from the place at which it is detained under this Ordinance. (c) An authorized officer to whom an application is made under paragraph (b) may, where he considers appropriate, accept or refuse the application by serving a notice in writing of the acceptance or refusal, as the case may be, on the person by whom the application is made. (d) A person who contravenes paragraph (a) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.(2) Subject to subsection (3), where a dog or cat or any other thing has been detained under this Ordinance, and- (a) the dog or cat or the thing, as the case may be, is not removed within 7 days after the expiry of the period of detention specified under section 9 or, in case the period has been varied under section 10, the varid period of detention, from the place at which it has been so detained by- (i) in the case of a dog or cat, its keeper; (ii) in the case of any other thing, its owner;(b) the fees and charges payable in respect of the dog or cat or the thing, as the case may be, to the Director under this Ordinance are not paid within 7 days after demand therefor has been made; or (c) within 7 days after the commencement of the detention- (i) in the case of a dog or cat, its keeper; (ii) in the case of any other thing, its owner; is unknown to or cannot after reasonable inquiry be found or ascertained by the Director, or is absent from Hong Kong,the Director may order the forfeiture of the dog or cat or the thing, as the case may be, in which case he may either retain it or cause it to be sold, destroyed or otherwise disposed of as he considers appropriate. (3) The Director shall, before he orders forfeiture of a dog or cat or any other thing under subsection (2), serve a notice in writing of his intention to order the forfeiture on- (a) in the case of a dog or cat, its keeper; (b) in the case of any other thing, its owner,unless the keeper or the owner, as the case may be, is unknown to or cannot after reasonable inquiry be found or ascertained by the Director, or is absent from Hong Kong. (4) Where a dog or cat or any other thing is sold or is otherwise transferred pursuant to this section, the purchaser or transferee thereof shall acquire a good title. (5) Where a dog or cat or any other thing is sold pursuant to this section, the Director shall as soon as is reasonably practicable after the sale serve a notice in writing on the keeper of the dog or cat or the owner of the thing, as the case may be, notifying him- (a) of the sale; (b) of the date of the sale; (c) of the fees and charges payable in respect of the dog or cat or the thing, as the case may be, to the Director under this Ordinance; (d) of the expenses of the sale; and (e) that unless he makes a demand for the proceeds of the sale (after deducting the fees and charges described in paragraph (c) and the expenses of the sale described in paragraph (d)) within 1 month after the date of the service on him of the notice, the proceeds of the sale shall be paid into the general revenue,unless the keeper or the owner, as the case may be, is unknown to or cannot after reasonable inquiry be found or ascertained by the Director, or is absent from Hong Kong. (6) The proceeds of a sale of a dog or cat or any other thing under this section, after deducting the fees and charges payable in respect of the dog or cat or the thing, as the case may be, to the Director under this Ordinance and the expenses of the sale, shall be paid on demand to the keeper of the dog or cat or the owner of the thing, as the case may be, if such demand is made- |