Section 44

An order for the forfeiture of any object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

Where there is no prosecution with regard to any object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter seized under this Act, such object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last known address of the person from whom the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter was seized indicating that there is no prosecution in respect of such object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5), (6) and (7).

Any person asserting that he is the owner of the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter referred to in subsection (3) and that it is

Act 854

not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter is held that he claims the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter.

On receipt of the notice referred to in subsection (4), the authorized officer shall refer the claim to a Magistrate for his decision.

The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter and the person from whom it was seized to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

If it is proved that an offence under this Act has been committed and that the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Magistrate shall order the object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter to be forfeited, and shall, in the absence of such proof, order its release.

Any object, book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment, device, thing or matter forfeited or deemed to be forfeited shall be delivered to the Chief Executive and shall be disposed of in such manner as the Chief Executive thinks fit.

Cyber Security 41

Property in forfeited object, etc.