### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

20. Sale or disposal of things seized
(1) If any of the things specified in subsection (2) is seized under section 16, the Director may sell the thing or dispose of the thing in any other way that the Director considers appropriate.
(2) The things specified for subsection (1) are—
(a) an organism that is alive, which—
(i) for any reason, is impracticable for the Director to keep in captivity; or
(ii) is likely to die or be subject to unnecessary suffering if it is kept in captivity; and
(b) any other thing that—
(i) for any reason, is impracticable for the Director to keep; or
(ii) is perishable.
(3) If—
(a) a thing is sold under subsection (1); and
(b) the proceeds from the sale are forfeited to the Government under this Ordinance (including under an order made under this Ordinance),
the proceeds are to be paid into the general revenue or a Commission Fund, as decided by the Director.

21. Return or forfeiture of things seized—offences prosecuted
(1) If a person is convicted of an offence under this Ordinance, an AMO seized under section 16 in connection with the offence, or any proceeds from the sale of the AMO, are to be forfeited to the Government.
(2) If a person is convicted of an offence under this Ordinance, the court or magistrate may order a thing, that is not an AMO, seized under section 16 in connection with the offence, or any proceeds from the sale of the thing—
(a) to be returned—
(i) if the thing was seized from a person—to the person or to its owner; or
(ii) in any other case—to its owner; or
(b) to be forfeited to the Government.
(3) If an offence is prosecuted under this Ordinance and no defendant in the proceedings is convicted of the offence, the court or magistrate may order a thing seized under section 16 in connection with the prosecution, or any proceeds from the sale of the thing—
(a) to be returned—
(i) if the thing was seized from a person—to the person or to its owner; or
(ii) in any other case—to its owner; or
(b) to be forfeited to the Government.

### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

22. Return or forfeiture of things seized—no offence prosecuted
(1) If a thing is seized under section 16 but no prosecution is brought in respect of the thing under this Ordinance, an authorized officer may apply to the court or magistrate for an order in respect of the thing or any proceeds from the sale of the thing.
(2) On an application under subsection (1), the court or magistrate may order the thing, or any proceeds from the sale of the thing—
(a) to be returned—
(i) if the thing was seized from a person—to the person or to its owner; or
(ii) in any other case—to its owner; or
(b) to be forfeited to the Government.
(3) Without limiting subsection (2)(b), the court or magistrate may, if satisfied that the owner of the thing is unknown or cannot be found, order the thing or any proceeds from the sale of the thing to be forfeited to the Government.

23. Sale or disposal of forfeited things
(1) The Director may sell, or dispose of in any other way that the Director considers appropriate, a thing that is forfeited to the Government under this Ordinance (including under an order made under this Ordinance).
(2) If a thing is sold under subsection (1), the proceeds from the sale are to be paid into the general revenue or a Commission Fund, as decided by the Director.

### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

24. Compensation for things seized or detained
(1) If a thing is seized or detained under section 16, the Government is liable to compensate the owner of the thing for any loss suffered by the owner—
(a) because of the seizure or detention; or
(b) on the ground that the thing dies, perishes or deteriorates, or is lost or damaged, during the time when the thing is seized or detained.
(2) Subsection (1) does not apply if—
(a) the owner is convicted of an offence under this Ordinance in relation to the thing; or
(b) the thing is forfeited to the Government under this Ordinance (including under an order made under this Ordinance).
(3) In any proceedings against the Government in respect of a claim for compensation under subsection (1), the amount of the compensation recoverable is an amount that is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—
(a) the owner of the thing;
(b) the person in charge, in control or in possession of the thing immediately before the seizure;
(c) the employees or agents of the persons specified in paragraphs (a) and (b); and
(d) any public officers and other persons concerned.
(4) No proceedings are maintainable in respect of a claim for compensation under subsection (1) unless the proceedings are commenced—
(a) for a claim for compensation in respect of a thing that was seized or detained but subsequently returned to its owner by order of the court or magistrate or by any person having authority to return the thing to the owner—within 6 months after the return of the thing; or
(b) for a claim for compensation on the ground that the thing died, perished or deteriorated, or was lost or damaged, during the time when the thing was seized or detained—within 6 months after—
(i) the date on which the owner discovers the existence of the ground; or
(ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the existence of the ground,
whichever is the earlier.
(5) A claim for compensation under subsection (1) is to be made—
(a) if the claim is within the jurisdiction of the Small Claims Tribunal—in the Tribunal; or
(b) otherwise—in the District Court.

25. Power to obtain information from Director of Marine
Despite any provision in any Ordinance—
(a) the Director may obtain from the Director of Marine any information of or in relation to a vessel (including the particulars of its owner) as reasonably required for performing a function under this Ordinance; and
(b) the Director of Marine may supply to the Director any information mentioned in paragraph (a).

### Conservation of Antarctic Marine Living Resources Ordinance 《南極海洋生物資源養護條例》

26. Power to exchange information
For implementing any provision in the Convention or the Conservation Measures, the Director may exchange any information, as reasonably required, with the Secretariat of the Commission or the competent authority of any place.

27. Obstruction and non-compliance with requirements or instructions
(1) A person—
(a) must not wilfully obstruct or resist an authorized officer, or a person assisting an authorized officer under section 11(a), in the performance of a function under this Ordinance; and
(b) must comply with a requirement or instruction made by an authorized officer under this Ordinance.
(2) A person who—
(a) contravenes subsection (1)(a); or
(b) without reasonable excuse, contravenes subsection (1)(b) (except in relation to a requirement made under section 17(1)(b) or 18(1)),
commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

28. Provision of false information
(1) A person must not, in purported compliance with this Ordinance, produce any document, provide any information or make any statement that the person—
(a) knows or believes to be false;
(b) has no reasonable ground to believe to be true; or
(c) knows or believes to be misleading in a material particular.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months.

29. Bodies corporate—liability of directors, etc.
(1) If—
(a) a body corporate commits an offence under this Ordinance; and
(b) it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate,
the director, manager, secretary or other similar officer also commits the offence.
(2) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.