### Waste Disposal Ordinance 《廢物處置條例》

15C. Forfeiture of livestock
(1) A court which convicts any person of an offence under section 15, 15A or 15AA may, in addition to any other order that it makes, order the forfeiture of any livestock in respect of which the offence is committed.
(2) Where livestock in respect of which a person is convicted of an offence under section 15, 15A or 15AA is sold or otherwise disposed of, whether under section 15D(2) or otherwise, a court which subsequently convicts any person who is the owner of the livestock of an offence under section 15, 15A or 15AA may order—
(a) in the case of a sale under section 15D(2), the forfeiture of a sum of money equal to the balance referred to in section 15D(3); and
(b) in any other case, the forfeiture of a sum of money equal to the value of the livestock at the time of its disposal.
(Amended 28 of 1994 s. 9)

15D. Seizure of livestock
(1) Subject to section 15E, the Director may seize, detain and dispose of any livestock that he has reasonable cause to suspect is being kept in contravention of section 15, 15A or 15AA. (Amended 28 of 1994 s. 10)
(2) Subject to subsection (4), where livestock is seized under subsection (1) the livestock may be sold by the Director, whether or not any person is prosecuted for, or convicted of, an offence under section 15, 15A or 15AA, and the proceeds of sale dealt with under subsection (3). (Amended 28 of 1994 s. 10)
(3) Where livestock is sold under subsection (2) the proceeds of sale shall be used to pay any costs incurred in the seizure, detention and sale and the balance (if any)—
(a) shall be paid to the person who—
(i) submits in writing to the Director within 28 days of the sale a claim to such livestock; and
(ii) proves to the satisfaction of the Director that he was the owner of the livestock at the time it was seized; or
(b) where it is not paid under paragraph (a), shall be forfeited unless, within 2 months of the sale, a court otherwise orders upon an application made by the Director or any person who has an interest in the livestock.
(4) Where livestock seized under subsection (1) is of no commercial value or the sale of the livestock is for any reason not considered by the Director to be practicable the Director may order the livestock to be destroyed or otherwise disposed of in such manner as he thinks fit.

### Waste Disposal Ordinance 《廢物處置條例》

15E. Restriction on seizure of livestock
(1) The Director shall not under section 15D(1) seize any livestock that he has reasonable cause to suspect is being kept in contravention of section 15A(1) or 15AA unless he has first served on the owner of the livestock or the livestock keeper (other than the owner) notice of intended seizure in a form which the Director may specify and obtained a warrant issued by a magistrate under subsection (2) for that purpose. (Amended 28 of 1994 s. 11)
(2) A magistrate may issue a warrant to the Director to seize livestock that the Director has reasonable cause to suspect is being kept in contravention of section 15A(1) or 15AA if the magistrate is satisfied by information on oath that there are reasonable grounds for seizing that livestock. (Amended 28 of 1994 s. 11)
(3) Where the Director seizes any livestock in accordance with a warrant issued under subsection (2) he shall, if required, produce that warrant.
(4) A notice under subsection (1) of intended seizure of any livestock shall state—
(a) the grounds upon which the Director seeks to rely in reasonably suspecting that that livestock is being kept in contravention of section 15A(1) or 15AA; and (Amended 28 of 1994 s. 11)
(b) the date on which the Director intends to apply to a magistrate for a warrant to seize that livestock being a date not less than 7 clear days following service of the notice.
(5) A notice under subsection (1) of intended seizure of any livestock shall be deemed to have been duly served on the owner of the livestock or the livestock keeper (other than the owner) if it—
(a) is delivered to him, or to the person whom the Director believes to be the owner or the livestock keeper; or
(b) is sent by recorded delivery to the livestock premises in or on which the livestock the subject of the intended seizure is kept.
(6) The magistrate shall, before issuing a warrant under subsection (2), give the owner of the livestock or the livestock keeper (other than the owner) if present before him the opportunity of addressing him on the reasonableness or otherwise of the grounds relied upon by the Director under subsection (4)(a).

### Waste Disposal Ordinance 《廢物處置條例》

15F. Director may grant written authorization
(1) The Director may authorize in writing any person to keep livestock in or on any premises in a livestock waste restriction area if he is satisfied that—
(a) the premises have been continuously used for livestock keeping for at least 12 months before the commencement of section 2 of the Waste Disposal (Amendment) Ordinance 1994 (28 of 1994); and
(b) no ex gratia payment for cessation of livestock keeping in or on the premises has been made by the Government.
(2) Any person may apply to the Director for a grant to him of an authorization under subsection (1).
(3) The Director may require the person making the application to furnish any relevant information and documents of any class or description before deciding whether or not to grant the authorization.
(4) The Director may, after he has received a written application made under subsection (2) and any relevant information and documents he had required under subsection (3)—
(a) grant a written authorization to the applicant; or
(b) serve a notice on the applicant notifying him that the Director has decided to refuse to grant a written authorization to him.
(5) If the Director is satisfied that a person authorized under subsection (1) is no longer keeping livestock in or on the premises on which he is authorized to keep livestock, he may revoke the written authorization by serving a notice of revocation on that person.
(6) For the purposes of this section—
(a) a notice under subsection (4)(b) is duly served if it is served personally on the applicant or sent by registered post to his last known address;
(b) a notice under subsection (5) is duly served if it is served personally on the authorized person or his employee, or is sent by registered post to the authorized person’s last known address, or is left with any occupier over the age of 18 years of the relevant premises.
(Added 28 of 1994 s. 12)