1979-HKRS28-16-27_Part03 — Page 12

of application

for forfeiture.

subsection (1), notice of the seizure of the ship shall be published-

(a) in the Gazette; and

(b) in 1 newspaper published in Hong Kong in the English language and | newspaper so published in the Chinese language.

(5) Any person who has a claim to a ship which has been seized (in this section and in section 37F referred to as the claimant may, within 30 days of the publication in the Gazerie of notice of the seizure. give notice in writing to the Director that he claims that the ship is not liable to forfeiture.

(6) A notice under subsection (5) shall slate an address within Hong Kong at which the claimant may be served in any proceedings arising out of the claim and in any such proceedings a document addressed to the claimant and sent by post to, or delivered at, that address shall for the purposes of this Part be deemed to be duly served on the claimant,

(7) The Director may at any time prior to the expira tion of the period of time specified in subsection (5), Lerminate the seizure of the ship by serving notice to that cffect on the owner in accordance with subsection (3), or in a similar manner on the person in possession of the ship at the time it was seized; and within 14 days of so terminai- ing the seizure of the ship, the Director shall release the ship to the owner or to such person and publish notice of the termination of the asizure in the manner provided in subsection (4).

(8) If, on the expiry of the period of time specified in subsection (5) for the giving of a notice of a claim, no such notice has beco given in writing to the Director, the ship shall thereupon be deemed to be duly forfeited to the Crown.

(9) A person has a claim for the purposes of this section and section 37F ¡£

(a) he is the owner of the ship, or of an interest in

the ship, or is the agent of the owner; or

(6) he was in possession of the ship at the time it was

seized.

STR. (1) Where a notice of claim is given under seclion 37E(5) and the Director does not terminate the seizure under section 37E(7), the Director shall apply for the forfeiture of the ship.

(2) An application under subsection (1) may be made to a magistrate, the District Court or to` the High Court, as the Attorney General thinks fit.

(3) When an application under subsection (1) is made to a magistrate, the magistrate shall issue a summons to the claimant requiring him to appear before a magistrate on the hearing of the application and shall cause a copy of the summons to be served on the Director.

(4) When an application under subsection (1) is made to the District Court or the High Court, it shall be made and proceeded with, and may be withdrawn, in accordance with rules of court, and may be begun by motion.

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(5) If on the hearing of an application made under subsection (1)—–—

(a) neither the claimant nor any other person appears before the court to make a claim and the court in satisfied that notice of the date of the hearing was duly served on the claimant; or

(6) neither the claimant nor any person satisfies the

court that he has a claim,

and the court is satisfied that the ship is liable to forfeiture. the court shall order that the ship be forfeited to the Crown.

(6) [C on the hearing of an application made under subsection (1) and not withdrawn, the court satisfied that-

(a) the ship is liable to forfeiture; and

(6) a person has a claim in respect thereof,

it shall order that the ship be forfeited to the Crown unless that person satisfies the court that it is just and equitable in all the circumstances-

(i) that the chip should not be forfeited; or

(i) that the ship should pol be forfeited but that inglead a sum under subsection (7) should be paid to the Crown,

(7) Where the court does not order that the ship be forfeited, it shall order that the ship be released to the owner or his agent either without payment to the Director or upon payment to the Director of

(a) such sum, if any, as appears to the court to be sufficient to reimburse the Government for expendi- Ture reasonably incurred or to be incurred by the Government fa seizing and detaining the ship and iu supplying goods and services to it and to any persion on board the ship:

(5) such sum, if any, as appears to the court to be just and equitable in lieu of forfeiture of the ship, having regard to all the circumstances including the value of the ship, the degree of blameworthiness of the owner or other claimant and any other relevant factors.

(8) If any sum ordered to be paid under subsection (7) is not paid to the Director within 1 month of the date of the order, then the ship shall thereupon be deemed to be duly forfeited to the Crown without prejudice to any order for the payment of any sum under subsection (7)(a) which may be recovered as a civil debt due to the Government,

(9) Where the court orders that the ship be forfeited, it may in addition order the owner or other claimant to pay to the Director the sum specified in subsection (7)(a).

(10) On the hearing of an application made under sub- section (1). a certified true copy of the record of any proceedings, including the decision of the court, in respect of an offence under section 37C or 37D shall be admissible in evidence, and for the avoidance of doubt it is declared that such application is a civil proceeding.

(1) Subject to the provisions of this Ordinance, au application to a magistrate under subsection (1) may with