Seized articles, etc. liable to forfeiture.
Schedale.
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PART VI.
FORFEITURE.
27. (1) There shall be liable to forfeiture- (a) any article which has been seized by a member of the Preventive Service or an authorized officer in connexion with the contravention of any provision of this Ordinance; (b) any vessel not exceeding two hundred and fifty gross tons and any vehicle so seized and used in connexion with the contravention of any provision of this Ordinance, whether or not any person has been convicted of an offence in respect of such contravention.
(2) The Director may, at any time before serving notice under subsection (3), restore any article (other than an article referred to in the Schedule) or any vessel or vehicle which is liable 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 twenty-one days after the seizure of any article, vessel or vehicle which appears to him to be liable to forfeiture under subsection (1), the Director shall serve notice of such seizure upon the owner of the article, vessel or wehicle:
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 Director; or
(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited at the Commerce and Industry Department, in a place to which the public have access, for a period of not less than seven days com- mencing within twenty-one 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
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(b) who was in possession of the article, vessel or vehicle
when it was seized,
(hereinafter referred to as the claimant) may, within thirty days after-
(1) the date of the notice, if it was served under paragraph
(a) or (b) of subsection (4); or
(ii) the first day on which it was exhibited, if it was served
under paragraph (c) of subsection (4),
give notice in writing to the Director that he claims that the article, vessel or vehicle is not liable to forfeiture.
(6) It, 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, do such notice has been given in writing to the Director the article, vessel or vehicle in respect of which notice was given under subsection (3) shall be forfeited forthwith to the Crown.
28. (1) When notice of claim is given under subsection (5) of section 27, the Director or an authorized officer shall apply to a magistrate for the forfeiture of the article, vessel or vehicle and shall state in the application the name and address of the claimant as specified in the notice of the claim.
(2) When any such application is made to a magistrate, the magistrate shall issue a summons to the claimant, requiring him to appear before a magistrate upon the hearing of the applica- tion, and shall cause a copy of such summons to be served upon the Director.
(3) If, at the time and place appointed in a summons issued under subsection (2), the claimant or some other person who, though not the claimant, was, or would have been, entitled to make a claim under subsection (5) of section 27, appears before a magistrate, the magistrate shall bear the application.
(4) If, at such time and place, neither the claimant nor any other person who, though not the claimant, was, or would have been, entitled to make a claim under subsection (5) of section 27, appears before a magistrate and the magistrate is satisfied that the summons was duly served, the magistrate shall hear the application.
(5) Subject to the provisions of this Ordinance, an applica- tion under this section shall be deemed to be a complaint for the purposes of section 8 of the Magistrates Ordinance.
Determination
by magistrate of applications for forfeiture.
(Cap. 147.)