### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

37. Detained article to be taken before magistrate
Any article or thing which has been detained under section 34, 36, 36A or 36B and is liable to forfeiture under section 39 shall, as soon as practicable after that detention, be taken before a magistrate to be dealt with in accordance with this Part; but this section shall not apply in the case of any article which is the subject of a charge under Part IV.
(Amended 73 of 1995 s. 14)

38. Obstruction
(1) Any person who—
(a) obstructs an authorized officer or an assisting officer in the exercise of any power conferred by this Ordinance; or
(b) fails to comply with any reasonable requirement, direction or demand given or made by an authorized officer or an assisting officer in the execution of the warrant,
commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. (Amended 63 of 1993 s. 23; 73 of 1995 s. 15)
(2) Any person who obstructs any police officer or inspector in exercising a power conferred by section 36A or 36B respectively commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Added 73 of 1995 s. 15)

39. Liability to forfeiture
(1) Any article which is—
(a) obscene; or
(b) classified, other than by virtue only of an interim classification, as a Class III article,
shall be liable to forfeiture.
(2) Subject to subsection (3), any—
(a) machinery or apparatus used for projecting or showing; or
(b) machinery, plate, implement, utensil, photographic film or material used for the purpose of printing copies of,
any article mentioned in subsection (1) shall be liable to forfeiture.
(2A) Any article seized, removed or detained under section 34, 36A or 36B shall be liable to forfeiture. (Added 73 of 1995 s. 16)
(3) Where an article submitted under section 13(1) is classified as a Class III article, nothing mentioned in subsection (2)(b) shall be liable to forfeiture under this section by reason only that it was used to print, manufacture or reproduce that article or copies of that article for the purpose of that submission.

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

40. Order for forfeiture
(1) Subject to subsection (2) and section 41, where an application is made to a magistrate for an order for forfeiture—
(a) he shall, in the case of an article that is before him and is liable to forfeiture under section 39(1), order it to be forfeited;
(b) he may, in the case of a thing that is before him and is liable to forfeiture under section 39(2), order it to be forfeited; (Amended E.R. 4 of 2018)
(c) he may, in the case of an article that is before him and is liable to forfeiture under section 39(2A), order it to be forfeited. (Added 73 of 1995 s. 17)
(2) An order for forfeiture shall not be made under subsection (1) if any ground of defence under section 21(2)(b), (c), (d) or (e), 22(2), 23(2), 24(3) or 27A(2), or section 28 in respect of the publication of an article, as the case may be, is proved. (Amended 73 of 1995 s. 17)
(3) An order for forfeiture of an article or thing may be made under subsection (1) notwithstanding that no person is convicted of any offence in connexion with that article or thing.
(4) Any article or thing which is ordered to be forfeited under subsection (1) shall be disposed of in such manner as the magistrate shall direct.

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

41. Procedure in relation to forfeiture
(1) Subject to subsections (3) and (4), before making an order for forfeiture of any article or thing under section 40 the magistrate shall issue a summons to—
(a) the occupier of any premises or, in the case of a stall, the owner of the stall, in or from which the article or thing was seized;
(b) the owner of any vessel, aircraft or vehicle in or from which the article or thing was seized;
(c) the owner of the article or thing seized,
to appear on a day specified in the summons to show cause why the article or thing should not be forfeited.
(2) In addition to any person mentioned in subsection (1), any other person being the author or manufacturer of any article seized or a person into whose hands any such article may have passed before seizure, or a person who has an interest in any article or thing seized, may appear before the magistrate on the day specified in the summons to show cause why the article or thing should not be forfeited.
(3) If the magistrate is satisfied that any person specified in subsection (1) cannot for any reason be found or ascertained, he may dispense with the issue of a summons to that person.
(4) If any summons issued under subsection (1) has not for any reason been served and the magistrate is satisfied that all reasonable efforts were made to serve the summons on the person named in the summons he may make an order of forfeiture under section 40 notwithstanding that the summons was not served and that the person named in the summons is not given an opportunity to show cause why the article or thing should not be forfeited.
(5) An order for forfeiture of any article shall, unless the magistrate considers that there are special reasons for directing otherwise, apply to the whole of the article.
(6) In this section owner (擁有人)—
(a) in the case of a stall includes any occupier of that stall;
(b) in the case of a vessel includes any charterer and the master of that vessel;
(c) in the case of an aircraft includes any operator of that aircraft; and
(d) in the case of a vehicle includes the driver of that vehicle.