1986 Ed.]
Import and Export
[CAP. 60
23
(b) that the article (not being such an article as is referred to in the Schedule), vessel or vehicle is liable to forfeiture,
order that the article, vessel or vehicle-
(i) be forfeited to the Crown;
(ii) be delivered to the owner thereof or the authorized agent of the owner subject to any condition which he may specify in the order; or
(iii) be disposed of in such manner and subject to any such condition as he may specify in the order.
(8) Upon the hearing of the application----
(a) a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the contravention of any provision of this Ordinance shall be admissible in evidence; and
(b) a certificate, purporting to be issued under the hand of the Director of Marine, certifying the gross tonnage of any vessel shall, upon production of the certificate and without proof of the signature thereon, be admissible as prima facie evidence of the facts stated therein.
29. (1) Where an application has been made under section 28 in respect of a vessel or vehicle which is liable to forfeiture, a magistrate may, upon payment into court by way of security of a sum of money not less in amount than the value of the seized vessel or vehicle, as assessed by the Commissioner or an authorized officer, order that the vessel or vehicle be delivered to the claimant thereof upon the condition that the vessel or vehicle be re-delivered into the custody of the Commissioner before the date of hearing of the application.
(2) If
(a) a magistrate has ordered under subsection (1) that a seized vessel or vehicle be delivered to the claimant thereof; and
(b) the vessel or vehicle is not delivered into the custody of the Commissioner before the date of the hearing under section 28,
the magistrate hearing the application may, in lieu of ordering under section 28(6) or (7) that the vessel or vehicle be forfeited to the Crown, order that the money paid into court under subsection (1) of this section be forfeited to the Crown or returned to the person who paid it into court.
(Amended, L.N. 294/82)
30. (1) The owner of any article, vessel or vehicle forfeited to the Crown under this Ordinance, or the authorized agent of the owner, may, within 6 weeks after-
Power to release seized vessels and vehicles prior to the hearing.
Claims for the return of forfeited articles, etc.