A4
Ord. No. 1/79
Determination
of applications for forfeiture.
MERCHANT SHIPPING (AMENDMENT)
(2) With the approval of the Attorney General, the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship:
Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners.
(3) A notice under subsection (2) 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 para- graph (a) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days com- mencing within 21 days of the seizure of the ship.
(4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the ship shall be-
(a) published in the Gazette and in 1 newspaper published in Hong Kong in the English language and in 1 newspaper so published in the Chinese language; and
(b) in the case of a foreign ship, served on the consular officer (if any) for the state to which the ship belongs.
(5) Where a notice of seizure has been served under subsection (2), any person who has a claim (hereinafter referred to as the claimant) may within 30 days after—
(a) the date of the notice, if it was served under sub-
section (3Xa) or (b); or
(b) the first day on which the notice was exhibited, if
it was served under subsection (3)c),
give notice in writing to the Director that he claims that the ship is not liable to forfeiture.
(6) If, on the expiry of the appropriate period of time specified in subsection (5) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship shall be forfeited forthwith to the Crown.
(7) A person has a claim for the purposes of this section and section 34B if-
(a) he is the owner of the ship or the agent of the
owner; or
(b) he was in possession of the ship at the time it was
seized.
34B. (1) Where a notice of claim is given under sec- tion 34A(5), the Director shall apply to a magistrate for the forfeiture of the ship and shall state in the application the name and address of the claimant as specified in the notice of claim.