§ 107 — Power to seize winnings

107.—(1) In addition to making a requirement in section 105 or 106, a police officer or an authorised officer may further require the underaged individual or excluded person concerned —(a)

to declare all winnings derived by the underaged individual or excluded person (as the case may be) from the commission of the offence under section 30, 31, 32 or 33; and

(b)

to produce to the police officer or authorised officer all winnings in the possession of the underaged individual or excluded person.

(2) A police officer or an authorised officer may, for the purpose of ascertaining the correctness of a declaration under subsection (1)(a) or ensuring compliance with subsection (1)(b) or both, require the underaged individual or excluded person concerned to undergo all or any of the following screening activities:(a)

to open or empty the contents of, and permit the police officer or authorised officer to inspect, any personal property in the possession or apparently in the immediate control of the underaged individual or excluded person;

(b)

to turn out the underaged individual’s or excluded person’s pockets or remove all articles from the underaged individual’s or excluded person’s clothing, and allow the police officer or authorised officer to inspect them;

(c)

to remove any coat, jacket, gloves, shoes or hat or any other thing worn or carried by the underaged individual or excluded person, which may be conveniently removed if worn and that is specified by the police officer or authorised officer, and allow that officer to inspect the coat, jacket, gloves, shoes or hat or other thing;

(d)

to immediately undergo a frisk search by a police officer or an authorised officer.

(3) An underaged individual or excluded person who, without reasonable excuse, refuses or fails to comply with any request of a police officer or an authorised officer under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) However, it is not an offence under subsection (3) for any individual to refuse to comply with any request or order made or given by —(a)

a police officer who is not in uniform and who fails to declare his or her office; or

(b)

an authorised officer who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that individual.

(5) A police officer or an authorised officer may seize any winnings, and any personal property that reasonably appears to the officer concerned to be winnings, that are —(a)

produced to the officer concerned pursuant to a requirement under subsection (1); or

(b)

found in the course of a screening activity in subsection (2).

(6) Despite section 42(2) and (3) of the Children and Young Persons Act 1993, an underaged individual must not be imprisoned, or detained in a detention centre in respect of an offence under this section, including as a consequence of a failure to pay a fine that is imposed in respect of an offence under this section.

(7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer or an authorised officer under this section.

(8) In this section —“frisk search” means a search of an individual conducted by quickly running the hands over the individual’s outer clothing;

“personal property”, in relation to an individual, means things carried by the individual or things apparently in the immediate control of the individual, but does not include clothing being worn by the individual;

“winnings” has the meaning given by section 41(3).

—(1) In addition to making a requirement in section 105 or 106, a police officer or an authorised officer may further require the underaged individual or excluded person concerned —(a)

to declare all winnings derived by the underaged individual or excluded person (as the case may be) from the commission of the offence under section 30, 31, 32 or 33; and

(b)

to produce to the police officer or authorised officer all winnings in the possession of the underaged individual or excluded person.

(2) A police officer or an authorised officer may, for the purpose of ascertaining the correctness of a declaration under subsection (1)(a) or ensuring compliance with subsection (1)(b) or both, require the underaged individual or excluded person concerned to undergo all or any of the following screening activities:(a)

to open or empty the contents of, and permit the police officer or authorised officer to inspect, any personal property in the possession or apparently in the immediate control of the underaged individual or excluded person;

(b)

to turn out the underaged individual’s or excluded person’s pockets or remove all articles from the underaged individual’s or excluded person’s clothing, and allow the police officer or authorised officer to inspect them;

(c)

to remove any coat, jacket, gloves, shoes or hat or any other thing worn or carried by the underaged individual or excluded person, which may be conveniently removed if worn and that is specified by the police officer or authorised officer, and allow that officer to inspect the coat, jacket, gloves, shoes or hat or other thing;

(d)

to immediately undergo a frisk search by a police officer or an authorised officer.

(3) An underaged individual or excluded person who, without reasonable excuse, refuses or fails to comply with any request of a police officer or an authorised officer under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) However, it is not an offence under subsection (3) for any individual to refuse to comply with any request or order made or given by —(a)

a police officer who is not in uniform and who fails to declare his or her office; or

(b)

an authorised officer who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that individual.

(5) A police officer or an authorised officer may seize any winnings, and any personal property that reasonably appears to the officer concerned to be winnings, that are —(a)

produced to the officer concerned pursuant to a requirement under subsection (1); or

(b)

found in the course of a screening activity in subsection (2).

(6) Despite section 42(2) and (3) of the Children and Young Persons Act 1993, an underaged individual must not be imprisoned, or detained in a detention centre in respect of an offence under this section, including as a consequence of a failure to pay a fine that is imposed in respect of an offence under this section.

(7) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer or an authorised officer under this section.

(8) In this section —“frisk search” means a search of an individual conducted by quickly running the hands over the individual’s outer clothing;

“personal property”, in relation to an individual, means things carried by the individual or things apparently in the immediate control of the individual, but does not include clothing being worn by the individual;

“winnings” has the meaning given by section 41(3).