Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 38

Application of money found on defaulter to satisfy sum adjudged

(1) Where a defendant is fined and the same is not forthwith paid, the
magistrate may order the defendant to be searched.

(2) Any money found on the arrest of a person adjudged to pay a fine, or on a
search as aforesaid, or on his being taken to prison or other place of
detention in default of payment of such a fine may, unless the magistrate
otherwise directs, be applied towards payment of the fine; and the balance, if
any, shall be returned to him.

(3) The magistrate shall not allow the application as aforesaid of any money
found on a person if he is satisfied that the money does not belong to him or
that the loss of the money would be more injurious to his family than would be
his detention. (Replaced 41 of 1956 s. 2) [cf. 1952 c. 55 s. 68 U.K.]