(Cap. 237).
14
duly served, the magistrate shall proceed to hear the application.
(e) Subject to the provisions of this section, the pro- visions of the Magistrates Ordinance as to the practice and procedure upon and in connexion with the hearing and determination of a complaint to which the provisions of section 8 of that Ordin- ance apply shall apply mutaris mutandis for the purposes of the hearing and determination of such application.
(7) Upon the hearing of such application, the person who appears in answer to such summons shall first satisfy the magistrate that he is a person who was or would have been entitled to make a claim under the provisions of sub- section (4), and if no person so satisfies the magistrate he shall order the vehicle or vessel to be forfeited to the Crown.
(8) Subject to the provisions of subsection (7), if, upon the hearing of such application-
(a) the magistrate is satisfied that the vehicle or vessel is liable to forfeiture, he shall order it to
be forfeited to the Crown; or
(b) the magistrate is not so satisfied, he shall dismiss the application, and shall, upon the application of the Director, order the delivery of the vehicle or vessel to any person appearing to him to be the owner thereof.
(9) Upon the hearing of such application- (o) a certified true copy of the record of the pro- ceedings, including the decision of the court, in any proceedings in respect of a contravention or attempted contravention of any of the provisions of this Ordinance shall be admissible in evidence; (b) a certificate purporting to be issued under the
band of the Director of Marine certifying that the gross tonnage of any vessel does not exceed two hundred and fifty gross tons shall upon produc- tion of the certificate and without proof of the signature thereon be prima facie evidence of the facts stated therein; and
(c) a certificate purporting to be issued under the hand of the Director of Marine certifying the gross tonnage of any vessel shall be admissible in evidence upon production of the certificate and without proof of the signature thereon.
26.
15
(10) (a) Where any such application has been made. a magistrate may order that, on the payment into court by way of security of a sum of money not less in amount than the value of the vehicle or vessel as assessed by the Director, the vehicle or vessel be delivered to the claimant until the hearing of the application, and if the vehicle or vessel is not surrendered to the Director before or at the commencement of the hearing of the application the sum so paid into court shall be deemed to be forfeited to the Crown.
(6) Notwithstanding that a vehicle or vessel which has been delivered to the claimant under the provisions of paragraph (a) has not been sur- rendered to the Director before or at the com. mencement of the hearing of the application, the magistrate shall proceed to hear the application. (11) The Governor in Council may, in his absolute discretion and after any proceedings under this Ordinance are concluded, entertain and give effect to any moral claim to or in respect of any vehicle or vessel which is liable to forfeiture or which has been forfeited to the Crown.”.
Section 42 of the principal Ordinance is amended by- (a) the deletion of paragraph (a) and the substitution therefor of
the following-
"(a) the exercise by public officers, in addition to the Director, of the powers vested in the Director by the provisions of this Ordinance:"; and
(6) the deletion from paragraph (e) of the words "Registrar of
Alieng" and the substitution therefor of the following-
"Director".
Amendment of section 42.
27. The principal Ordinance is amended by the addition thereto, Addition of after section 42, of the following new section-
deemed to be attempt ing to cater Colony in Contravention
42A. For any of the purposes of this Ordinance, any person who is found in any vessel proceeding through the waters of the Colony or who is found landing in the Colony from any vessel shall be deemed to be attempting to enter of Ordinance the Colony in contravention of the provisions of para- graph (a) of subsection (1) of section 4 unless it is proved that-
La certain
tages unless certain
waliers
proved.
(a) he was a member of the crew of such vessel; or (b) he is normally resident in the Colony; or
new sectibo 424.
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