IMMIGRATION
Ord. No. 55/71.
48. (1) Where a notice of claim is given under section 47(6), the Director shall apply in the prescribed form to a magis- trate for the forfeiture of the ship or vehicle and shall state in the application the name and address of the claimant as specified in the notice of claim.
(2) When any such application is made to a magistrate, the magistrate shall issue a summons in the prescribed form to the claimant, requiring him to appear before a magistrate on the hearing of the application, and shall cause a copy of the summons to be served on the Director.
(3) If, on the hearing of an application under this section-
(a) neither the claimant nor any other person appears before the magistrate to make a claim and the magistrate is satisfied that the summons was duly served; or
(b) neither the claimant nor any other person satisfies the
magistrate that he has a claim,
and the magistrate is satisfied that the ship or vehicle is liable to forfeiture, 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 38(1) or (4) or section 39 of this Ordinance or section 90(1) of the Criminal Procedure Ordinance shall be admissible in evidence; and
A351
Determination
of applications for forfeiture.