Tips for Smart Cops Series
Disposal of Property

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1. In accordance with PGO/FPM 30, case exhibits, including cash, should be disposed of as soon as the six-week period after the court order has elapsed.

2. In the event of an appeal, case exhibits should be disposed of after the final determination of the appeal, or as soon as the six-week period after any further order made by the appellate court has elapsed.

3. Where it is apparent that no court order has been made in a Magistrate Court, the ADVC ADM or equivalent should prepare a brief summary of the facts, including a description of the case property, on an application form (HKM 251) generated from the Communal Information System and forward it to the Senior Court Prosecutor of the Magistracy where the case was tried for application of a disposal order.

4. Where no court order has been made in a District or High Court, the OC Case will prepare a brief summary of the facts, including a description and valuation of the property, which will be included in the case file and submitted to the Government Counsel prosecuting the case for advice. If the case has already been concluded, advice shall be sought from the Prosecution Division of the Department of Justice.

5. After the case property has been properly documented, the seizing officer shall take the case property to the Property Officer on duty and deposit it with him. A property label shall be completed in respect of each exhibit envelope or large individual item.

(This column is contributed by the Complaints and Internal Investigations Branch)