Clause 43

Any article or document detained or seized under this Act —

where the article or document is produced in any criminal trial, must be dealt with in accordance with section 364(1) of the Criminal Procedure Code (Cap. 68);

where the owner of the article or document consents to its disposal, is deemed to be forfeited; or

in any other case, must be returned to the owner or reported to a Magistrate’s Court.(2) Where the report of any article or document is made to a Magistrate’s Court under subsection (1)(c), the Magistrate’s Court may order the article or document —

to be forfeited; or

to be disposed of in such manner as the Magistrate’s Court thinks fit.(3) Subject to any order to the contrary by the Magistrate’s Court, any article or document forfeited or deemed to be forfeited under this section must be delivered to the Commissioner of Building Control and may be disposed of in such manner as the Commissioner of Building Control thinks fit.(4) This section does not affect any right to retain or dispose of property which may exist in law apart from this section.(5) To avoid doubt, this section applies to an article or a document whenever produced, detained or seized under this Act, whether before, on or after the date of commencement of section 43 of the Building Control (Amendment) Act 2020.”.