Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 42

Return by magistrate's order of property taken from defendant

Where any property has been taken from a person charged before magistrate with
an offence punishable either on indictment or on summary conviction, a report
shall be made by the police on the charge sheet to the magistrate of the fact
of such property having been taken from the accused or defendant and of the
particulars thereof, and the magistrate may, if he is of opinion that the
property or any portion thereof can be returned consistently with the
interests of justice and with the safe custody of the accused or defendant,
direct such property or any portion thereof to be returned to the accused or
defendant or such other person as he may direct. [cf. 1879 c. 49 s. 44 U.K.]