XN000022-1993-07-22 — Page 17

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THURSDAY, JULY 22, 1993

THE REVISED PROCEEDINGS PROVIDE THAT THE COMMISSIONER WILL, EXCEPT UNDER CERTAIN CIRCUMSTANCES, GIVE A NOTICE OF SEIZURE WITHIN 30 DAYS TO THE OWNER OF THE SEIZED ARTICLES, IF SUCH ARE SEIZED FOR FORFEITURE.

NO SUCH NOTICE WILL BE GIVEN IF THE ARTICLES ARE SEIZED IN THE PRESENCE OF THE SUSPECTED OFFENDER, THEIR OWNER OR THE OWNER'S EMPLOYEE OR AGENT, OR AN OWNER WHO DOES NOT HAVE A PERMANENT ADDRESS IN HONG KONG,

IF THE COMMISSIONER BELIEVES THAT THE SEIZED ARTICLES ARE STOLEN GOODS, HE WILL SERVE A NOTICE ON THE PERSON WHOM HE BELIEVES TO BE AN OWNER OF THE GOODS.

NOTICE OF SEIZURE WILL NORMALLY BE DELIVERED IN PERSON OR SENT BY REGISTERED POST ADDRESSED TO THE CONCERNED PERSON'S USUAL OR LAST KNOWN PLACE OF ABODE OR BUSINESS.

IF SUCH A NOTICE CANNOT BE DELIVERED, A NOTICE OF THE SEIZURE WILL BE EXHIBITED AT THE PUBLIC WAITING HALL OF THE PERMIT OFFICE, CUSTOMS AND EXCISE DEPARTMENT ON THE FIRST FLOOR OF HARBOUR BUILDING, 38 PIER ROAD, CENTRAL WITHIN 30 DAYS AFTER THE SEIZURE FOR A PERIOD OF SEVEN DAYS.

ANY PERSON WHO CLAIMS THAT THE SEIZED ARTICLES ARE NOT TO FORFEITURE SHALL WITHIN 30 DAYS FROM THE DATE OF SEIZURE NOTICE OF CLAIM IN WRITING TO THE COMMISSIONER, WHETHER OR NOTICE OF SEIZURE HAS BEEN SERVED ON HIM.

LIABLE GIVE A NOT A

THE SEIZED ARTICLES ARE DEEMED то BE FORFEITED IF NO SUCH NOTICK IS RECEIVED BY THE COMMISSIONER ON THE EXPIRATION OF THE

30-DAY PERIOD.

THE NOTICE OF CLAIM

SHALL CONTAIN THE CLAIMANT'S OR HIS ADDRESS IN HONG KONG. WITHOUT SUCH INFORMATION, THE NOTICE SHALL BE REGARDED AS IF IT HAD NOT BEEN GIVEN.

SOLICITOR'S FULL NAME AND

FORFEITURE PROCEEDINGS AND CRIMINAL PROCEEDINGS AGAINST A DEFENDANT ARE SEPARATE COURT HEARINGS.

WHERE THERE IS A CLAIM AND IF THE CLAIMANT IS THE DEFENDANT AND THERE IS NO OTHER CLAIMANT, THE COMMISSIONER WILL APPLY FOR THE FORFEITURE OF THE SEIZED GOODS IMMEDIATELY FOLLOWING THE HEARING OF THE CRIMINAL PROCEEDINGS. OTHERWISE THIS WILL BE DONE AS SOON AS

POSSIBLE.

IN THE LATTER CASE, THE CLAIMANT WILL RECEIVE A SUMMONS ISSUED BY A MAGISTRATE, NOTIFYING HIM THE TIME AND PLACE OF THE HEARING.

IN THE FORFEITURE PROCEEDINGS, THE MAGISTRATE WILL ALSO HEAR REPRESENTATION FROM ANY INTERESTED PARTY WHO HAS BOT BEEN SERVED WITH A NOTICE OF SEIZURE AND WAS NOT PRESENT WHEN THE ARTICLES WERE SEIZED, OR WHOSE IDENTITY WAS NOT KNOWN. TO THE COMMISSIONER WHEN THE ARTICLES WERE SEIZED.

WHERE THE SEIZED ARTICLES ARE OF A PERISHABLE NATURE, COMMISSIONER IS EMPOWERED ΤΟ ORDER THE

THE

ARTICLES

ΤΟ

BE

SOLD OR

DESTROYED.

/IF THE