Page:Crimes (Amendment) Ordinance 2021.pdf/18

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Crimes (Amendment) Ordinance 2021

Ord. No. 35 of 2021
Section 3
A3631

(2) Subject to subsection (4), before making a disposal order against a person in relation to an image, or reviewing a disposal order made against a person in relation to an image, a magistrate must issue a summons to the person to appear on the day specified in the summons to make representations.
(3) If a person, other than the subject person, claims that the person—
(a) has an interest in an image that is, or is proposed to be, made subject to a disposal order; or
(b) would be directly affected by the making or review of the disposal order,
the person may also appear on the day specified in the summons to make representations.
(4) If—
(a) a summons has not been served on the subject person named in the summons and the magistrate is satisfied that all reasonable efforts have been made to serve the summons on that person;
(b) the subject person named in the summons cannot for any reason be found;
(c) the subject person named in the summons has refused to accept the service of the summons; or
(d) the summons has been served on the subject person named in the summons but that person has not attended the hearing on the day specified in the summons,