- (b) anything whatever which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.
Detained article to be taken before magistrate. 37. Any article or thing which has been detained under section 34 or 36 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.
Obstruction. 38. 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 of $10,000 and to imprisonment for 6 months.
Liability to forfeiture. 39. (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.
(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.
Order for forfeiture. 40. (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.
(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), or section 28 in respect of the publication of an article is proved.
(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.
