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(4) A notice 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, it any, known to the Director; or
(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Immigration Department in a place to which the public have access for a period of not less than seven days commencing within twenty-one days of the seizure of the ship or vehicle.
(5) Within seven 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 one newspaper published in Hong Kong in the English language and in one newspaper so published in the Chinese language.
(6) Where a notice of seizure has been served under sub- section (3), any person who has a claim (hereinafter referred to as the claimant) may within thirty days after-
(d) 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. (1) Where a notice of claim is given under section 47(6), the Director shall apply in the prescribed form to a magis- trate 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,
and the magistrate is satisfied that the ship or vehicle is liable to forfeiture, the magistrate shall order that the ship or vehicle be forfeited to the Crown.
(4) If, on the hearing of an application under this section- (a) a person satisfies the magistrate that he has a claim; and (b) the magistrate is satisfied that the ship or vehicle is liable
to forfeiture,
the magistrate may order that the ship or vehicle be-
() forfeited to the Crown; or
(ii) delivered to the owner thereof or his agent.
(5) If, on the hearing of an application under this section, the magistrate is not satisfied that the ship or vehicle is liable to forfeiture, he shall order that it be delivered to the owner thereof or his agent.
(6) On the bearing of an application under this section-
(a) a certified true copy of the record of the proceedings. including the decision of the court, in any proceedings in respect of the offence under section 38(1) or (4) or section 39 of this Ordinance or section 90(1) of the Criminal Procedure Ordinance shall be admissible in evidence; and
Determination of applications for forfeiture.