1952-HKRS28-8-19_Part02 — Page 7

7

J

Amendment

of section

14 of Cap. 69.

Addition

of new

sections 15

and 16 to Cap. 50.

11. Section 14 of the principal Ordinance is hereby amended as follows-

() by the substitution of the words "the penalties prescribed" for the words "imprisonment for any term not excceding une year and to a line not exceeding twenty thousand dollars" in the fourth, fifth and sixth lines of subsection (1);

(b) by renumbering subsection (2) thereof as subsection (3); (c) by the deletion of subsection (3) thereof;

(4) by the insertion immediately after subsection (1) thereof

of the following subsection-

"(a) Any regulation made under section 3, 4 or 5 of this Ordinance may provide that the contravention of any such regulation shall be an offence and pres- cribe penalties therefor: Provided that no penalty so prescribed shall exceed a fine of one hundred thousand dollars and imprisonment for one year."

12. The principal Ordinance is hereby amended by renumber- ing section 15 as section 17 and by the insertion of the following new sections 15 and 16 immediately after section 14 thereof-

"Porfel- ture.

Tef. 39 & 40

A. 2021.

[ef. 39 & 40

B. 207].

15. (1) Any article suized under paragraph (d) of subsection (1) of section g in respect of which an offence against this Ordinance (including an attempt to commit an offence) has been committed whether any person hus been convicted of such offence or not shall be forfeited to the Crown.

(2) Any vessel not exceeding 250 gross tons and any vehicle seized under paragraph (e) of subsection (1) of section g and which was made use of in the importation, exportation or attempted importation or exportation of any article contrary to any of the provisions of this Ordinance, whether any person has been convicted of such offence or not, shall be forfeited to the Crown.

(3) Whenever any seizure has been made, unless Vict. e. 38. in the possession or presence of the offender, master or owner, as forfeited under this Ordinance the Director shall give notice in writing of such seizure and of the grounds thereof to the master or owner of the article, vehicle or vessel seized, if known, either by delivering the same to him personally or by letter

Tel. 39 & 40 Vict. c. 30. s. 227).

addressed to him and transmitted by post to ur delivered at his last known place of abode or business, if known, and all seizures made under this Ordinance shall be deemed and taken as condemned, and may be sold or otherwise disposed of in such manner as the Director may direct, unless the person from whom such seizure has been made or the master or owner thereof, or some person authorized by him shall within one calendar month from the day of scizure give notice in writing to the Director that be claims the article, vehicle or vessel so seized or intends to claim it where- upon proceedings shall be taken for the forfeiture and condemnation thereof by information exhibited before a magistrate: Provided that any seizures which, in the opinion of the Director are perishable or liable to loss or damage or the retention of which is likely to involve unreasonable expense or inconvenience, may by the direction of the Director be sold forthwith and the proceeds thereof retained to abide the result of any claim that may legally be made in respect thereof,

(4) When any information shall have been exhibited before a magistrute for the forfeiture of any article, vehicle or vessel saized under this Ordinance such magistrate is hereby required to sulanun the owner of such articles, vehicle Or vessel or the person from whom it was seized to appear before him or any other magistrate and upon his or her appearance or default to appear, due scrvice of such summons being proved, such magistrate may proceed to the examination of the matter and on proof that the goods are liable to forfeiture under the provisions of this Ordinance shall condemn the same.

(5) Where proceedings for forfeiture and condem- nation are taken as aforesaid the Court or magistrale may order delivery to the claimant of the vessel, vehicle or article seized on security being given for the payment to the Director of the value thereof in the case of condemnation.