MONDAY, AUGUST 2, 1993
THE AMENDED ORDINANCE ALSO SPECIFIES THE MANNER OF CLAIM, AND APPLICATION FOR AND CONDUCT OF FORFEITURE PROCEEDINGS. A CLAIMANT SHOULD SUPPLY HIS OR HIS SOLICITOR'S FULL NAME AND ADDRESS IN HONG KONG WHEN HE GIVES A NOTICE OF CLAIM TO THE COMMISSIONER.
WHERE THE SEIZED GOODS ARE OF A PERISHABLE NATURE, THE COMMISSIONER IS EMPOWERED TO ORDER THE GOODS TO BE SOLD OR DESTROYED.
IF THE GOODS ARE DIFFICULT TO STORE OR LIKELY TO DETERIORATE BEFORE THE CONCLUSION OF THE FORFEITURE PROCEEDINGS, THE COMMISSIONER MAY APPLY TO A MAGISTRATE FOR THE GOODS TO BE SOLD. THE PROCEEDS SALE WILL BE RETAINED BY THE COMMISSIONER.
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IN EITHER CASE, THE COMMISSIONER MAY RELEASE THE GOODS TO THE OWNER OR A PERSON ENTITLED то MAKE A CLAIM UPON PAYMENT ΤΟ THE COMMISSIONER OF A SECURITY NOT LESS THAN THE VALUE OF SUCH GOODS.
A MAGISTRATE WILL ORDER THE DISPOSAL OF SUCH PROCEEDS OF SALE OR SECURITY RETAINED BY THE COMMISSIONER UPON COMPLETION OF THE FORFEITURE PROCEEDINGS.
AN OWNER OF A SEIZED VESSEL OR VEHICLE MAY ALSO APPLY то A MAGISTRATE FOR THE TEMPORARY RELEASE OF THE SEIZED VESSEL OR VEHICLE BEFORE THE FORFEITURE HEARING.
HOWEVER, HE WILL BE REQUIRED TO PROVIDE A SECURITY PAYMENT NOT LESS THAN THE VALUE OF THE VESSEL OR VEHICLE AND TO PAY THE COST FOR ASSESSING THE VALUE OF THE VESSEL OR VEHICLE AS ORDERED BY THE MAGISTRATE.
A CLAIMANT MAY PETITION THE GOVERNOR AGAINST THE DECISION OF THE COURT BY GIVING A NOTICE IN WRITING TO THE COMMISSIONER WITHIN SIX WEEKS OF THE DECISION AND THEREAFTER LODGES THE PETITION WITH THE CHIEF SECRETARY WITHIN 30 DAYS.
IF THE GOODS WERE SEIZED BEFORE THIS FRIDAY (AUGUST 6) AND THE COMMISSIONER CANNOT DISPOSE OF SUCH GOODS UNDER THE EXISTING PROCEDURE, HE WILL PUBLISH IN THE GAZETTE ON A DATE то BE NOTIFIED INVITING ANY PERSON WHO WISHES TO MAKE A CLAIM TO THE GOODS TO GIVE NOTICE OF CLAIM TO HIM,
THE SPOKESMAN ADDED THAT THE AMENDMENTS ALSO SOUGHT ΤΟ INCREASE THE MAXIMUM PENALTIES FOR OFFENCES RELATED TO STRATEGIC COMMODITIES SO AS TO PROVIDE AN ADEQUATE DETERRENT AGAINST ILLEGAL TRADE IN WEAPONS AND GOODS WITH MILITARY APPLICATIONS.
IF CONVICTED ON INDICTMENT, THE MAXIMUM PENALTY OF SUCH OFFENCES IS SEVEN YEARS' IMPRISONMENT AND AN UNLIMITED FINE, WHICH IN LINE WITH THE PENALTIES IN OTHER PLACES WHERE EXERCISE SIMILAR STRATEGIC COMMODITIES CONTROLS.
THE MAXIMUM PENALTIES FOR OFFENCES ON SUMMARY CONVICTION WILL REMAIN UNCHANGED, THAT IS TWO YEARS' IMPRISONMENT AND A FINE OF $500,000.
PEOPLE HAVING QUERIES ON THE NEW FORFEITURE PROCEDURE CAN CONTACT SENIOR STAFF OFFICER, MR MICHAEL LEE ON TEL 852 3303. THOSE HAVING QUESTIONS RELATED TO STRATEGIC COMMODITIES CAN CALL THE HEAD OF TRADE CONTROLS MR Y Y LEUNG ON TEL 852 3392.
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