68
CAP. 115]
Immigration
[1989 Ed.
a place to which the public have access for a period of not less than 7 days commencing within 21 days of the seizure of the ship or vehicle.
(5) Within 7 days after the service under subsection (3) of a notice of seizure, notice of the seizure of the ship or vehicle shall be published--
(a) in the Gazette; and
(b) in 1 newspaper published in Hong Kong in the English language and in 1 newspaper so published in the Chinese language.
(6) Where a notice of seizure has been served under subsection (3), 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 subsection (4)(a) or (b); or
(b) the first day on which the notice was exhibited, if it was served under subsection (4)(c),
give notice in writing to the Director that he claims that the ship or vehicle is not liable to forfeiture.
(7) If, on the expiry of the appropriate period of time specified in subsection (6) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship or vehicle shall be forfeited forthwith to the Crown.
(8) A person has a claim for the purposes of this section and section 48 if-
(a) he is the owner of the ship or vehicle or the agent of the owner; or
(b) he was in possession of the ship or vehicle at the time it was seized.
48. Determination of applications for forfeiture
(1) Where a notice of claim is given under section 47(6), the Director shall apply in the prescribed form to a magistrate 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,