### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

38. Obstruction
A person who without reasonable excuse obstructs an authorized officer exercising any power under section 30, 31, 32, 33, 34, 36 or 37 commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.

39. Interpretation of Part 7
In this Part—
proceeds of sale (售賣得益), in relation to a thing seized under section 34(1), means the proceeds of sale of that thing if already sold under section 35;
thing seized under section 34(1) (根據第34(1)條檢取的物品) means a thing seized under section 34(1)(a) and includes any other thing seized under section 34(1)(b), (c) or (d) in connection with that thing.

40. Return or forfeiture of things seized in respect of offences charged under Part 2 or 3
(1) If a person is convicted of an offence under Part 2 or 3, the court or magistrate may order any thing seized under section 34(1) in connection with the offence that is not a specimen of a scheduled species, or any proceeds of sale of that thing—
(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.
(2) If a person is convicted of an offence under Part 2 or 3, any specimen of a scheduled species seized under section 34(1) in connection with the offence, or any proceeds of sale of the specimen if already sold under section 35, shall, without order, be forfeited to the Government.
(3) If an offence is prosecuted under Part 2 or 3 and no defendant in the proceedings is convicted of the offence, the court or magistrate may order any thing seized under section 34(1) in respect of which the prosecution was brought, or any proceeds of sale of that thing—
(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.

41. Return or forfeiture of things seized on prosecution of offences under section 29 or 44
If an offence is prosecuted under section 29 or 44, the court or magistrate may, whether or not any defendant in the proceedings is convicted of the offence, order any thing seized under section 34(1) in respect of which the prosecution was brought, or any proceeds of sale of that thing—
(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

42. Return or forfeiture of things seized where no prosecution for offences
(1) If a thing has been seized under section 34(1) but no prosecution for an offence under Part 2 or 3 or section 29 or 44 has been brought in respect of that thing, an authorized officer may apply to the court or magistrate for an order in respect of that thing or any proceeds of sale of that thing.
(2) On an application under subsection (1), the court or magistrate may order the thing concerned or any proceeds of sale of that thing—
(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.
(3) If a thing seized under section 34(1)—
(a) is placed in the possession or under the control of the Director; and
(b) is abandoned by its owner, or appears to the Director to have been so abandoned,
an authorized officer may apply to the court or magistrate for an order in respect of that thing.
(4) On an application under subsection (3), the court or magistrate may, if satisfied that the owner of the thing concerned is unknown or cannot be found, order that thing to be forfeited to the Government.

43. Disposal of forfeited things, etc.
(1) The Director may sell, or dispose of in any other way, any thing that is seized under section 34(1) and forfeited to the Government under this Part in such manner as he thinks fit.
(2) The proceeds of sale of any thing sold under subsection (1) shall be paid into the general revenue.
(3) Any person who considers himself aggrieved by the sale or disposal of any thing that was ordered to be forfeited to the Government under section 42(4) may complain to the court or magistrate within 6 months of the sale or disposal.
(4) On a complaint under subsection (3), the court or magistrate may, if satisfied as to the title of the complainant to the thing concerned, order that such sum by way of compensation be paid to the complainant as it may consider just.

### Protection of Endangered Species of Animals and Plants Ordinance 《保護瀕危動植物物種條例》

44. Furnishing false information
(1) A person commits an offence if he, on an application made under section 23 or 24 or in purported compliance with this Ordinance, furnishes any information that—
(a) he knows or believes to be false or does not believe to be true; or
(b) he knows or believes to be misleading in any material particular.
(2) A person commits an offence if he claims, represents or holds out, whether by advertisement or in any other way, that a thing is a specimen of a scheduled species, without any belief in the truth of the claim, representation or holding out.
(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

45. Protection of informers
(1) Except as provided in subsection (3)—
(a) no information on the identity of an informer relating to an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceedings; and
(b) a witness in any civil or criminal proceedings is not obliged or permitted—
(i) to disclose the name or address of any informer who has given information to the Director, any authorized officer or the police with respect to an offence under this Ordinance, or the name or address of any person who has assisted the Director, any authorized officer or the police in any way with respect to such an offence; or
(ii) to answer any question if the answer would lead, or would tend to lead, to discovery of the name or address of such informer or person,

if, in either case, the informer or the person is not himself a witness in such proceedings.
(2) If any books, documents or papers that are in evidence or liable to inspection in any civil or criminal proceedings contain an entry in which an informer or person referred to in subsection (1)(b)(i) is named or described or that might lead to his discovery, the court or magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or the person, as the case may be, from discovery.
(3) If—
(a) in any proceedings for an offence under this Ordinance the court or magistrate, after full inquiry into the case, is satisfied that an informer made a material statement that the informer knew or believed to be false or did not believe to be true; or
(b) in any other proceedings the court or magistrate is of opinion that justice cannot be fully done between the parties concerned without disclosure of the name of an informer or of a person who has assisted the Director, any authorized officer or the police,
the court or magistrate may require the production of the original information and permit inquiry and require full disclosure concerning the informer or the person.