Forfeiture
of properla.
Campeonat for vetmuta of ship or property.
Entry ol
ahip with Unauthorized
entrants Hiny be permitted in derlain 1.
rintalitat-
the leave of the magistrate be withdrawn at any time prior to the making of an order under subsection (6) or (7)," and shall be deemed for the purpose of the Magistrates Ordin- ance to be a complaint to which section 8 of that Ordinance applies.
37G. An application may at any time be made by the Attorney Generál to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion. for forfeiture under this section and if upon bearing such application or, where no such application is made, in the course of a prosecution for an offence under section 37C or 37D, it appears to the court that any property other than a ship-
() has been, is being or is intended to be used in the commission or to procure or facilitate the commis- sion of an offence under acetion 376 or 37D; or (5) is the proceeds of represents the proceeds, directly or indirectly (as being the result of any disposal or realization of the whole or part of ibe proceeds) of any such offence.
the court shall, whether or not any person is convicted of any such offence, order the forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so.
37H (1) Where any ship or other property is seized under this Part and subsequently released to the owner. whether on the order of a court or otherwise, the owner or person in lawful possession may within 6 months of much release apply to the District Court or the High Court for compensation for any loss arising out of the seizure, which shall be recoverable`as a civil debt due from the Govern- ment, and such application may be begun by ration.
(2) An award of compensation under subsection (1) shall be an award of such gum, if any, as is just and equit- able in all the circumstances of the case," including the conduct and comparative blameworthiness of-
(a) the owner of the ship or other property; (6) the person in charge or control of the ship or other
property at the time it was seized;
(c) the ageals of the persons specified in paragraphs
(a) and (b); and
(d) public officers and any other persons concerned.
371. (1) Notwithstanding anything in this Part no offence 1$ commilled. and no ship' shall be liable to forfeiture, under this Part in respect of the presence of an unauthorized entrant on board a ship-
(a) which the Governor has in his discretion on special grounds granted permission to enter Hong Kong:
or
(b) whose first port of cali is Hong Kong, if the un- authorized entrant was taken on board without reward pursuant to a legal obligation to go to bis askistance,
(2) la any proceedings for an offence under this Part or for forfeiture arising out of such an offence, until it is
Provebuting
7
proved that an unauthorized entraut was taken on board a ship-
(a) without reward;
(5)
pursuant to a legal obligation to go to the assist. sunce of the unauthorized entrant; and
(c) whose frst port of call was Hong Kong.
The contrary shall be presumed,
(3) For the purposes of this section "legal obligation" means an obligation imposed upon the state where the ship is registered, pursuant to-
(0) an International Covention for the Safely of Life at Sea which has been acceded to by the United Kingdom and extended to Hong Kong;
(b) any other international convention acceded to by the United Kingdom and extended to Hong Kong:
OF
(4) customary international law.
(4) For the purposes of this section Hong Kong is the fint port of call of a ship if-
(a) (D) immediately before the ship first went to the assistance of any unauthorized entrants it was in the course of a business or commercial voyage and the next port of call at which the ship was due to call was Hong Kong, and
(D) immediately after going to the assistance of the unauthorized entrants the ship proceeded directly to Hong Kong; or
(0) It is necessary for the ship to enter Hong Kong as a port of refuge because there is a risk to the ship's safety arising from weather conditions or from the carriage of hazardous cargoes together with unauthorized entranta or because the lives of the crew or other persons on board the ship are in danger:
(i) the captain, owner or agent informs the Director of Marine at the earliest practicable op- portunity of such of the circumstances specified in sub-paragraph (f) as apply to the ship; and
(iii) the Secretary for Security in his discretion grants permission for the ship to enter Hong Kong, 371. Without prejudice to any law or enactment to the for ac oude like or a similar affect as that of this section, where any Huns conn
person is in Hong Kong, be may be charged and convicted in respect of anything which was done or which occurred wholly or partly outside Hong Kong that would have been an offence under this Part if i had been done or had occurred within Hong Kong,
Proof.
37K. (0) A person who in any proceedings under this Part is alleged to be an unauthorized entrant shall be pre- sumed to be such until the contrary is proved,
(2) Where a person is charged with an offence under this Part as being the owner of a ship, or the agent of the owner, or as being a member of the crew of a ship, a certificate purporting to be signed by a police officer of the
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