Addition of
BOOOO.
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(b) by inserting after subsection (2) the following subsection-
"(3) For the purposes of this section-
(4) every person carried to a ship, other than-
G) a person employed or engaged in any capacity on board the ship on the business of the ship; and
(0) a child under 1 year of age,
shall, until the contrary is proved, be presumed to be a passonger on that ship;
(b) every ship, other than a ferry vessel plying between 2 or mor points within the Colòng, carrying more than 12 passengers within the waters of the Colony shall, until the contrary is proved, be deemed to be a passenger ship.”.
3. The principal Ordinance, is amended by adding after section 34 the following sections-
""Forfeiture of sbd.pe
34A. (1) Where the owner or master of a passenger ship has committed an offence under section 34, the ship shall be able to forfeiture, whether or not the owner or master is convicted in respact of such offence.
(2) With the approval of the Attorney General the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1), and within 21 days of any such seizure the Director shall serve notice of seizure on the owner of the ship:
Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners.
(3) A notice under subsection (2) 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 of business of such person, if any, known to the Director; or
(c) where it cannot be served in accordance with para- graph (8) or (b), the notice is exhibited in the Marine Department in a place to which the public have access for a period of not less than 7 days com- mencing within 21 days of the seizure of the ship. (4) Within 7 days after the service under subsection (2) of a notice of seizure, notice of the seizure of the abip shall be
(a) published in the Gazette and in 1 newspaper published in Hong Kong in the English language and in I newspaper so published in the Chinese language;
Atd
(8) 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 sub-
section (3Xa) or (b); or
Deterrabartiðdal
of applicatio for fortellone.
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(5) the first day on which the notice was exhibited, it
it was served under subsection (3Yc),
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 dotice of clair, no such notice has been given in writing to the Director, the ship shall be forfeited forthwith to the Crown.
(2) A person has a claim for the purposes of this section and section” 348 –
(a) he is the owner of the ship or the agent of the
owner: or
(6) be was in possession of the ship at the time it was
geized.
348. (1) Where a notice of claim is given under sex- tion 34A(5), the Director shall apply to a magistrate for the forfeiture of 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 magistrats on the hearing of the application, and shall cause a copy of the summons to be served on the Director.
(3) H. 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 la satisfied that the summons was duly served: or
(6) neither the claimant nor any other person satisfica
the magistrate that he has a claim,
and the magistrate is satisfied that the ship is liable to for. feiture, the magistrate shall order that the ship be forfeited to the Crown.
(4) If, on the hearing of an application under this sec- tion-
(2) a person satisfies the magistrate that he has a claim;
and
(b) the magistrate is satisfied that the ship is liable to
forfeiture
the magistrate may order that the ship be-
(i) forfeiled to the Crown; OF
(ii) delivered to the awoer thereof or his agent.
(5) If, on the bearing of an application under this section, the magistrate is not satisfied that the ship is liable to forfeiture, he shall order that it be delivered to the owner thereof or his agent.
(6) On the hearing of an application under this section, a certified type copy of the record of the proceedings, includ- ing the decision of the court, in any proceedings in respect of the offence under section 34 of this Ordinance or section