1970-HKRS28-8-37_Part04 — Page 44

Schedule.

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(6) Upon the hearing of an application under this section a magistrate shall order that the article, vessel or vehicle, as the case may be, be forfeited to the Crown-

(a) in the case where

()the person who appears in answer to the summons fails to satisfy the magistrate that he was, or would have been, entitled to make a claim under subsection (5) of section 27 in respect of the seized article, vessel or vehicle; and

(ii) no other person appears before the magistrate and satisfies him that he was, or would have been en- titled to make such claim; and

(iii) the magistrate is satisfied that the article, vessel or vehicle is liable to forfeiture; or

(b) in the case where the magistrate is satisfied that the

article-

(i) is liable to forfeiture: and

(ii) is such an article as is referred to in the Schedule. (7) Upon the hearing of the application under this section, in any case other than a case referred to in paragraph (4) or (b) of subsection (6) a magistrate may, if he is satisfied-

(a) that a person is, or would have been, entitled to make a claim under subsection (5) of section 27 in respect of the seized article, vessel or vehicle; and

(b) that the article (not being such an article as is referred to in the Schedule), vessel or vehicle is liable to forfeiture,

order that the article, vessel or vehicle-

(i) be forfeited to the Crown;

(ii) be delivered to the owner thereof or the authorized agent of the owner subject to any condition which he may specify in the order; or

(iii) be disposed of in such manner and subject to any such

condition as he may specify in the order.

(8) Upon the hearing of the application-

(a) a certified true copy of the record of the proceedings. including the decision of the court, in any proceedings in respect of the contravention of any provision of this Ordinance shall be admissible in evidence; and

(b) a certificate, purporting to be issued under the hand of the Director of Marine, certifying the gross tonnage of any vessel shall, upon production of the certificate and without proof of the signature thereon, be admissible as prima facie evidence of the facts stated therein.

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29. (1) Where an application has been made under section 28 in respect of a vessel or vehicle which is liable to forfeiture, a magistrate may, upon payment into court by way of security of a sum of money not less in amount than the value of the scized vessel or vehicle, as assessed by the Director or an authorized officer, order that the vessel or vehicle be delivered to the claimant thereof upon the condition that the vessel or vehicle be re-delivered into the custody of the Director before the date of hearing of the application.

(2) It-

(a) a magistrate has ordered under subsection (1) that a seized vessel or vehicle be delivered to the claimant thereof; and

(b) the vessel or vehicle is not delivered into the custody of the Director before the date of the bearing under section 28.

the magistrate hearing the application may, in lieu of ordering under subsection (6) or (7) of section 28 that the vessel or vehicle be forfeited to the Crown, order that the money paid into court under subsection (1) of this section be forfeited to the Crown or returned to the person who paid it into court.

30. (1) The owner of any article, vessel or vehicle forfeited to the Crown under this Ordinance, or the authorized agent of The owner, may, within six weeks after-

(a) the article, vessel or vehicle has been forfeited to the Crown under subsection (6) of section 27 or has been forfeited to the Crown by order of a magistrate under subsection (6) or (7) of section 28; or

(b) the determination of any appeal against an order for forfeiture of the article, vessel or vehicle made by a magistrate under subsection (6) or (7) of section 28. give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited article, vessel or vehicle.

(2) Where the owner of any forfeited article, vessel or vehicle or his authorized agent has given notice in writing to the Director under subsection (1) and bas submitted a moral claim to the Governor by lodging it in triplicate with the Colonial Secretary within one month from the date of such notice, the Governor after considering the claim may———

(a) order the return of the forfeited article, vessel or vehicle

to the claimant; or

(b) direct that the claim be referred to the Governor in

Council.

Power to

release seized vessels and vehicles prior

to the hearing.

Claims For the return of forfeited articles, etc.