1989 Ed.]
Immigration
[CAP. 115
67
46B. Power to restrain disposal of property
(1) A court, in the course of a prosecution under this Ordinance, or of the hearing of any application by the Attorney General for forfeiture under this Ordinance, may of its own motion or upon application by the Attorney General, by written notice to any person in possession or control of money or property that may be forfeited, direct that such person shall not dispose of or otherwise deal with the property specified in the notice without the consent of the court.
(2) A person who disposes of, or otherwise deals with property specified in a notice under subsection (1) other than in accordance with the consent of the court shall be guilty of an offence and liable to a fine of $50,000 or the value of the property disposed of or otherwise dealt with, whichever is the greater, and to imprisonment for 3 years.
(Added 61 of 1979 s. 5)
47. Forfeiture of ships and vehicles
(1) Where the captain of a ship is guilty of an offence under section 38(4) or 39, the ship shall be liable to forfeiture, whether or not the captain is convicted in respect of such offence. (Amended 42 of 1979 s. 4)
(2) Any vehicle which has been used in the commission of-
(a) an offence under section 38(1); or
(b) an offence under section 90(1) of the Criminal Procedure Ordinance (Cap. 221) where the arrestable offence which a person has committed is an offence under section 38(1) of this Ordinance,
shall be liable to forfeiture, whether or not any person has been convicted in respect of such offence.
(3) Within 21 days of the seizure of any ship or vehicle which appears to him to be liable to forfeiture under subsection (1) or (2), the Director may serve notice of such seizure on the owner of the ship or vehicle:
Provided that where there is more than one owner of a ship or vehicle it shall be sufficient for the purposes of this subsection to give notice to one of the owners.
(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