A350

Ord. No. 55/71.

IMMIGRATION

(4) A notice under subsection (3) shall be deemed to have been duly served if-

(a) it is delivered to the person on whom it is to be served;

(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or

(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Immigration Department in a place to which the public have access for a period of not less than seven days commencing within twenty-one days of the seizure of the ship or vehicle.

(5) Within seven days after the service under subsection (3) of a notice of seizure, notice of the seizure of the ship or vehicle shall be published-

(a) in the Gazette; and

(b) in one newspaper published in Hong Kong in the English language and in one newspaper so published in the Chinese language.

(6) Where a notice of seizure has been served under sub- section (3), any person who has a claim (hereinafter referred to as the claimant) may within thirty days after-

(a) the date of the notice, if it was served under subsection

4(a) or (b); or

(b) the first day on which the notice was exhibited, if it

was served under subsection 4(c),

give notice in writing to the Director that he claims that the ship or vehicle is not liable to forfeiture.

(7) If, on the expiry of the appropriate period of time specified in subsection (6) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship or vehicle shall be forfeited forthwith to the Crown.

(8) A person has a claim for the purposes of this section and section 48 if-

(a) he is the owner of the ship or vehicle or the agent of

the owner; or

(b) he was in possession of the ship or vehicle at the time.

it was seized.

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