2016
No.2
24
Amendment of section 62 of Cap. 9:07
Section 62 ("Forfeiture of article to State") of the principal Act is amended(a)
in subsection (2) by the deletion of "which is forged or counterfeit or
which cannot lawfully be possessed hy any person" and the substitution
of "whose ]X)Ssession is intrinsically unla\\{ul'';
(b)
by the insertion
or the fiJllowing subsection after subsection (6)--
"(7) If, in making an order under subsection (-1-) (a) or (h) in
favour of an applicant it appears to the judge or magistrate, from
the evidence presented before him or her in the course of hearing the
application, that(a)
the amount, if any, realised by the State" hen disposing
of the article in question was inadequate to coYer an)
costs reasonably incurred in securing the safe custody
of the article; and
(h)
the applicant was negligent or unduly dilatory in pursuing
his or her claim to the article in question;
the judge or magistrate shall afford the State an opportunity to submit
a claim for the recovery of any costs reasonably incurred in securing
the safe custody or the article, and, if such submission is made-(c)
may grant the whole or any part of such costs as to the
judge or magistrate appears reasonable:
Provided that such costs must not exceed thr
reasonably estimated value or the article to be returned,
or the value of the compensation awarded or sale price
realised under this section, as the case ma) he;
and
(d)
25
shall direct the amount of the costs a\\ arded under
paragraph (c) to be deducted from any compensation
payable or sale price realised under this section.".
Amendment of section 62A of Cap. 9:07
Section 62A ("Forfeiture of unlawful consideration in cases of bribery") of the
principal Act is amended in subsection (3) by the repeal of the proviso.
26
New sections inserted in Cap. 9:07
The principal Act is amended by the inse1tion after section 63 of the foll<m ing
sections--
"63A
Forfeiture and disposal of seized articles whose possession
is intrinsically unlawful
(I) If any article whose possession is intrinsically unlawful is seized
by a police officer, such police officer or his or her superior shall as S<XH1
as possible communicate to the police officer in command of the police
district within which the seized article is to he held in custody the fact of
such seizure, together with all relevant particulars concerning the mticle.
(2) Subject to subsection (3), the seized article whose possession
is intrinsically unlawful shall he held in custody in accordance with this
section until(a)
it is forfeited to the State by virtue of this paragraph-
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