### Mercury Control Ordinance 《汞管制條例》

53. Power to enter and search premises for investigation
(1) A magistrate may issue a warrant if satisfied by information on oath laid by an authorized officer that there are reasonable grounds to believe that—
(a) this Ordinance or a regulatory requirement has been, is being or is about to be contravened (contravention

54. Offence relating to section 53
(1) A person who, without reasonable excuse, fails to comply with a requirement made under section 53 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) A person is not excused from complying with a requirement made under section 53 on the ground that to do so might tend to incriminate the person.

55. Use of incriminating evidence in proceedings
(1) On or before requiring a person to provide any information under section 51 or 53, an authorized officer must ensure that the person is informed or reminded of the limitations imposed by subsection (2) on the admissibility in evidence of the requirement and of the information.
(2) Despite any other provision of this Ordinance, if—
(a) the authorized officer requires a person to provide any information under section 51 or 53;
(b) the required information might tend to incriminate the person; and
(c) the person claims, before providing the information, that it might so tend,
the requirement and the information are not admissible in evidence against the person in criminal proceedings in a court of law other than the criminal proceedings specified in subsection (3).
(3) The criminal proceedings are those in which the person is prosecuted for—
(a) an offence under section 51(4), 54(1) or 63(1) in respect of the information; or
(b) an offence under Part V of the Crimes Ordinance (Cap. 200) in respect of the information.
(4) In this section—
information (資料) includes particulars and explanation.

56. Interpretation of Subdivision 2 of Division 3 of Part 4
In this Subdivision—
seized item (檢取物品) means a document, record or thing seized under section 52(1) or 53(3)(c)(iii).

57. Authorized officer may dispose of certain seized item
An authorized officer may, in the manner (other than by sale) the officer considers appropriate, dispose of a seized item that is impracticable for the officer to keep.

### Mercury Control Ordinance 《汞管制條例》

58. Disposal of seized item when no offence is prosecuted
(1) This section applies if no offence is prosecuted under this Ordinance in respect of a seized item.
(2) An authorized officer may—
(a) return the seized item to—
(i) if the item was seized from a person—the person or the owner of the item; or
(ii) in any other case—the owner of the item; or
(b) forfeit the seized item to the Government if the officer considers it appropriate to do so.
(3) Subject to subsection (4), if the Director intends to forfeit a seized item under subsection (2)(b), the Director must, by written notice, notify the person from whom the item was seized or the owner of the item (collectively interested person

59. Application for forfeiture
(1) After receiving a notice of claim given within the period specified in section 58(6), the Director must, as soon as reasonably practicable, apply to the court or magistrate (court

60. Disposal of seized item when offence is prosecuted
(1) This section applies if an offence is prosecuted under this Ordinance in respect of a seized item (irrespective of whether the person prosecuted for the offence is convicted of the offence).
(2) The court or magistrate may, on their own initiative or on application, order that the seized item—
(a) be returned to—
(i) if the item was seized from a person—the person or the owner of the item; or
(ii) in any other case—the owner of the item;
(b) be forfeited to the Government; or
(c) be disposed of in another manner it considers appropriate.
(3) An application under subsection (2) may only be made by—
(a) an authorized officer;
(b) the person from whom the item was seized; or
(c) the owner of the item.

### Mercury Control Ordinance 《汞管制條例》

61. Disposal of item forfeited to Government
(1) An authorized officer may dispose of an item forfeited under section 58(5) or (8) or by an order under section 59(2)(b) or 60(2)(b) in the manner the officer considers appropriate.
(2) The cost incurred in disposing of an item forfeited by an order under section 59(2)(b) or 60(2)(b) is recoverable as a civil debt due to the Government from—
(a) for an item forfeited by an order under section 59(2)(b)—the person from whom the item was seized or the owner of the item (as the case requires); or
(b) for an item forfeited by an order under section 60(2)(b)—the person prosecuted for an offence in respect of the item under this Ordinance.
(3) Without limiting subsection (1), an authorized officer may, by written notice, require a person who is convicted of an offence under this Ordinance in respect of an item forfeited by an order under section 60(2)(b) to dispose of the item in the manner specified by the officer at the person’s cost.
(4) A person who fails to comply with a requirement made under subsection (3) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.