1986 Ed.]
Import and Export
[CAP. 60
21
to forfeiture to the person who appears to him to be the owner thereof or the authorized agent of the owner; and upon such restoration the provisions of this section and sections 28, 29 and 30 shall cease to apply to the article, vessel or vehicle.
(3) Within 21 days after the seizure of any article, vessel or vehicle which appears to him to be liable to forfeiture under subsection (1), the Commissioner shall serve notice of such seizure upon the owner of the article, vessel or vehicle:
Provided that if there is more than one owner of any such article, vessel or vehicle, it shall be sufficient for the purposes of this subsection to give notice to one such owner.
(4) A notice given 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 Commissioner; or
(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited at the Customs and Excise Department, in a place to which the public have access, for a period of not less than 7 days commencing within 21 days from the date of the seizure of the article, vessel or vehicle.
(5) Where a notice has been served under subsection (3) in respect of any article, vessel or vehicle seized under this Ordinance any person
(a) who is the owner thereof or the authorized agent of the owner; or
(b) who was in possession of the article, vessel or vehicle when it was seized,
(hereinafter referred to as the claimant) may, within 30 days after-
(i) the date of the notice, if it was served under subsection (4)(a) or (b); or
(ii) the first day on which it was exhibited, if it was served under subsection (4)(c),
give notice in writing to the Commissioner that he claims that the article, vessel or vehicle is not liable to forfeiture.
(6) If, on the date of expiration of the appropriate period of time specified in subsection (5) for the giving of a notice of claim, under that subsection, no such notice has been given in writing to the Commissioner the article, vessel or vehicle in respect of which notice was given under subsection (3) shall be forfeited forthwith to the Crown.
(Amended, L.N. 294/82)