### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

34. Powers to take samples and carry out tests
(1) An authorized officer may, for the purpose of verifying compliance with this Ordinance or obtaining evidence of the commission of an offence under this Ordinance—
(a) take a sample of any thing that the officer reasonably suspects to be, or to contain, a GMO;
(b) require any person in control of such thing to provide a sample of it; and
(c) take any photographs of the thing.
(2) An authorized officer who takes a sample under subsection (1) must issue a receipt for the sample, but is not required—
(a) to pay for it; or
(b) to return it to the person from whom it was taken. 
(3) An authorized officer may arrange to carry out any necessary test in respect of a sample taken under subsection (1) to ascertain—
(a) whether the sample is or contains a GMO;
(b) if the sample is or contains a GMO—
(i) the identity of the GMO; and
(ii) the quantity and percentage of the GMO in the sample.
(4) A certificate of analysis issued by an accredited laboratory on a sample taken under subsection (1) may be tendered in evidence in any proceedings under this Ordinance and is evidence of the facts stated in it unless the contrary is proved.
(5) In this section, accredited laboratory (獲認可實驗所) means a laboratory accredited under the Hong Kong Laboratory Accreditation Scheme managed by the Commissioner for Innovation and Technology on behalf of the Government.

35. Power to require identification
(1) If an authorized officer reasonably suspects that a person has committed, is committing or is about to commit an offence under section 5, 7, 23, 26 or 44, the officer may without warrant stop the person or, where the person is in or on a vessel, vehicle, train or aircraft (other than a ship of war, military vehicle or military aircraft), stop and board the vessel, vehicle, train or aircraft for the purposes of requiring that person—
(a) to state the person’s name and address; and
(b) to produce the person’s proof of identity for inspection.
(2) In this section, proof of identity (身分證明文件) means proof of identity within the meaning of section 17B of the Immigration Ordinance (Cap. 115).

36. Power to require production of documents related to import or export
If an authorized officer reasonably suspects that a GMO is being imported or exported, the officer may, for the purpose of verifying compliance with section 26, require a person who has control of the thing suspected to be the GMO to produce any document that is related to the import or export of the thing for inspection.

### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

37. Director’s power to dispose of certain things after seizure
(1) If any of the things specified in subsection (2) has been seized under section 33, the Director may, after the seizure, dispose of the thing in any way (except by way of sale).
(2) The things are—
(a) any live animal—
(i) that, for any reason, it is not practicable for the Director to keep in captivity; or
(ii) that is likely to die or to be subject to unnecessary suffering if it is kept in captivity;
(b) any live plant that, for any reason, it is not practicable for the Director to keep; and
(c) any thing—
(i) that, for any reason, it is not practicable for the Director to keep; or
(ii) that is perishable.

38. Return and forfeiture of things seized in respect of offences under section 5, 7 or 23
(1) If a person is convicted of an offence under section 5, 7 or 23, any thing seized under section 33 in connection with the offence that is a GMO or contains a GMO is to be forfeited to the Government.
(2) If a person is convicted of an offence under section 5, 7 or 23, the court or magistrate may order any thing seized under section 33 in connection with the offence that is not a GMO or does not contain a GMO—
(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 an offence is prosecuted under section 5, 7 or 23 and no defendant in the proceedings is convicted of the offence, the court or magistrate may order any thing seized under section 33 in respect of which the prosecution is brought—
(a) to be returned to the person from whom it was seized or to its owner; or
(b) to be forfeited to the Government.
(4) This section does not apply to a thing seized under section 33 if it has been disposed of under section 37.

39. Return and forfeiture of things seized in respect of offences under other sections
(1) If an offence is prosecuted under a provision of this Ordinance other than section 5, 7 or 23, the court or magistrate may, whether or not any defendant in the proceedings is convicted of the offence, order any thing seized under section 33 in respect of which the prosecution is brought—
(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) This section does not apply to a thing seized under section 33 if it has been disposed of under section 37.

### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

40. Return and forfeiture of things seized if no prosecution for offences
(1) If a thing has been seized under section 33 but no prosecution has been brought in respect of that thing under this Ordinance, an authorized officer may apply to the court or magistrate for an order in respect of that thing.
(2) On an application under subsection (1), the court or magistrate may, subject to subsection (3), order the thing concerned—
(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) The court or magistrate must, if satisfied that the owner of the thing concerned is unknown or cannot be found, order the thing to be forfeited to the Government.
(4) This section does not apply to a thing seized under section 33 if it has been disposed of under section 37.

41. Director’s powers to dispose of and to give directions on disposal of forfeited things
(1) The Director may dispose of in any way (except by way of sale) any thing that is forfeited to the Government under this Part in such manner as the Director thinks fit.
(2) If—
(a) a person has been convicted of an offence under section 5, 7 or 23; and
(b) a thing in connection with the offence has been forfeited to the Government under section 38(1) or (2), 
the Director may, by written notice, direct the person to dispose of the thing through repatriation or destruction.
(3) A person given a direction under subsection (2) must, subject to section 43(5), carry out the direction at the person’s cost within the period specified in the notice.
(4) A person who contravenes subsection (3) commits an offence and is liable to a fine at level 6.