1986 Ed.]
Merchant Shipping
[CAP. 281
23
(a) published in the Gazette and in 1 newspaper published in Hong Kong in the English language and in 1 newspaper so published in the Chinese language; and
(b) in the case of a foreign ship, served on the consular officer
(if any) for the state to which the ship belongs.
(5) Where a notice of seizure has been served under subsection (2), 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
(3)(a) or (b); or
(b) the first day on which the notice was exhibited, if it was
served under subsection (3)(c),
give notice in writing to the Director that he claims that the ship is not liable to forfeiture.
(6) If, on the expiry of the appropriate period of time specified in subsection (5) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship shall be forfeited forthwith to the Crown.
(7) A person has a claim for the purposes of this section and section 34B if-
(a) he is the owner of the ship or the agent of the owner; or
(b) he was in possession of the ship at the time it was seized. (Added, I of 1979, s. 3)
Determination of
forfeiture.
34B. (1) Where a notice of claim is given under section 34A(5), the Director shall apply to a magistrate for the forfeiture of applications for the ship 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,
and the magistrate is satisfied that the ship is liable to forfeiture, the magistrate shall order that the ship be forfeited to the Crown.