A184
Ord. No. 61/79
Determination of application for forfeiture.
IMMIGRATION (AMENDMENT) (NO. 3)
subsection (1), notice of the seizure of the ship shall be published--
(a) in the Gazette; and
(b) in 1 newspaper published in Hong Kong in the English language and 1 newspaper so published in the Chinese language.
(5) Any person who has a claim to a ship which has been seized (in this section and in section 37F referred to as the claimant) may, within 30 days of the publication in the Gazette of notice of the seizure, give notice in writing to the Director that he claims that the ship is not liable to forfeiture.
(6) A notice under subsection (5) shall state an address within Hong Kong at which the claimant may be served in any proceedings arising out of the claim and in any such proceedings a document addressed to the claimant and sent by post to, or delivered at, that address shall for the purposes of this Part be deemed to be duly served on the claimant.
(7) The Director may at any time prior to the expira- tion of the period of time specified in subsection (5), terminate the seizure of the ship by serving notice to that effect on the owner in accordance with subsection (3), or in a similar manner on the person in possession of the ship at the time it was seized; and within 14 days of so terminat- ing the seizure of the ship, the Director shall release the ship to the owner or to such person and publish notice of the termination of the seizure in the manner provided in subsection (4).
(8) If, on the expiry of the period of time specified in subsection (5) for the giving of a notice of a claim, no such notice has been given in writing to the Director, the ship shall thereupon be deemed to be duly forfeited to the Crown.
(9) A person has a claim for the purposes of this section and section 37F if-
(a) he is the owner of the ship, or of an interest in
the ship, or is the agent of the owner; or
(b) he was in possession of the ship at the time it was
seized.
37F. (1) Where a notice of claim is given under section 37E(5) and the Director does not terminate the seizure under section 37E(7), the Director shall apply for the forfeiture of the ship.
(2) An application under subsection (1) may be made to a magistrate, the District Court or to the High Court, as the Attorney General thinks fit.
(3) When an application under subsection (1) is made to a magistrate, the magistrate shall issue a summons 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.
(4) When an application under subsection (1) is made to the District Court or the High Court, it shall be made and proceeded with, and may be withdrawn, in accordance with rules of court, and may be begun by motion.