C306
(Cap. 227.)
:
IMMIGRATION BILL
(b) neither the claimant nor any other person satisfies the
magistrate that he has a claim; and
(c) the magistrate is satisfied that the ship or vehicle is
liable to forfeiture,
i
the magistrate shall order that the ship or vehicle be forfeited to the Crown.
(4) If, on the hearing of an application under this section-- (a) a person satisfies the magistrate that he has a claim; and (b) the magistrate is satisfied that the ship or vehicle is liable
to forfeiture,
the magistrate may order that the ship or vehicle be-
(i) forfeited to the Crown; or
(ii) delivered to the owner thereof or his agent.
(5) If, on the hearing of an application under this section, the magistrate is not satisfied that the ship or vehicle is liable to forfeiture, he shall order that it be delivered to the owner thereof or his agent.
(6) On the hearing of an application under this section- (a) a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the offence under section 33(1) or (4) or section 34 of this Ordinance or section 90(1) of the Criminal Procedure Ordinance shall be admissible in evidence; and
(b) a certificate purporting to be signed by the Director of
Marine and-
(i) certifying that the gross tonnage of a ship does not exceed two hundred and fifty tons; or
(ii) specifying the gross tonnage of a ship, shall be admitted in evidence on its production by or on behalf of the Director without further proof, and—
(iii) until the contrary is proved, it shall be presumed that the certificate is signed by the Director of Marine; and
(iv) such certificate shall be prima facie evidence of all matters contained therein.
(7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the purposes of the Magistrates Ordinance to be a complaint to which section 8 of that Ordinance applies.