Security in
lieu of deten- tion where application made for forfeiture of ship or vehicle.
Claims for return of forfeited
ships, vehicles
or money.
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45. (1) Where an application has been made under section 44, a magistrate may, on payment into court by way of security of a sum of money not less in amount than the value of the ship as assessed by the Director of Marine or the value of the vehicle as assessed by the Director, order that the ship or vehicle be delivered to the claimant, subject to a condition that it be re-delivered into the custody of the Director before the date of hearing of the application.
(2) If a ship or vehicle which has been delivered to a claim- ant under subsection (1) is not re-delivered to the Director before the date of hearing of the application under section 44, the magis- trate hearing the application may, in lieu of ordering that the ship or vehicle be forfeited to the Crown, order that the money paid into court under subsection (1) be forfeited to the Crown.
(3) Save as provided in subsection (2), the magistrate hear- ing the application shall, at the conclusion of the proceedings, order that the amount of the money paid into court under sub- section (1) shall be repaid to the person who paid it into court.
46. (1) The owner of any ship or vehicle forfeited to the Crown under section 43 or section 44 or his agent or the person by whom money forfeited to the Crown under section 45 was paid into court may within six weeks after-
(a) the ship, vehicle or money was forfeited to the Crown; or
(b) the determination of any appeal against the order for
its forfeiture,
give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited ship, vehicle or money.
(2) Where the owner of a forfeited ship or vehicle or the person by whom forfeited money was paid into court has given notice in writing to the Director under subsection (1) and has sub- mitted a moral claim to the Governor by lodging it with the Colonial Secretary within one month from the date of such notice, the Governor may-
(a) order the return of the forfeited ship or vehicle to the owner or his agent or the return of the forfeited money to the person by whom it was paid into court, as the case may be; or
(b) direct that the claim be referred to the Governor in
Council.
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(3) The Governor in Council, on considering a claim referred to him under subsection (2), may-
(a) order the return of the forfeited ship or vehicle to the owner or his agent or the return of the forfeited money to the person by whom it was paid into court, as the case may be; or
(b) reject the claim.
PART IX.
MISCELLANEOUS.
47. (1) The Governor may give such directions as he thinks fit (either generally or in any particular case) with respect to the exercise or performance by any public officer, not being a judge, a district judge or a magistrate, of any powers, functions or duties under this Ordinance.
(2) Any public officer shall, in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Governor under subsection (1).
48. (1) The Director of Immigration may give such direc- tions as he thinks fit (either generally or in any particular case) with respect to the exercise or performance by any other immigra- tion officer of any powers, functions or duties under this Ordin-
ance.
(2) Any immigration officer shall, in the exercise or per- formance of any powers, functions or duties under this Ordinance, comply with any directions given by the Director of Immigration under subsection (1) in addition to complying with directions given by the Governor under section 47(1).
(3) Directions given under subsection (1) shall not be incon- sistent with directions given by the Governor under section 47(1).
49. (1) Any person aggrieved by a decision, act or omis- sion of any public officer taken, done or made in the exercise or performance of any powers, functions or duties under this Ordin- ance may by notice in writing lodged with the Colonial Secretary within the time prescribed in subsection (2) object to that decision, act or omission.
(2) An objection under subsection (1) shall be lodged within the period hereinafter specified after the person aggrieved was
Public officers to be subject to Governor's directions.
Immigration officers to be subject to directions of Director of Immigration.
Review of decisions of public officers.