XN000022-1993-07-22 — Page 18

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THURSDAY, JULY 22, 1993

IF THE ARTICLES ARE OF SUCH A NATURE THAT

THEY ARE DIFFICULT TO STORE OR ARE LIKELY TO DETERIORATE BEFORE THE CONCLUSION OF THE FORFEITURE PROCEEDINGS, THE COMMISSIONER CAN APPLY ΤΟ A MAGISTRATE FOR THE ARTICLES TO BE SOLD.

IN EITHER CASE, THE COMMISSIONER MAY RETURN THE ARTICLES ΤΟ THE OWNER OR A PERSON ENTITLED TO MAKE A CLAIM UPON PAYMENT ΤΟ THE COMMISSIONER OF A SECURITY NOT LESS THAN THE VALUE OF SUCH ARTICLES.

IF THE ARTICLES ARE SOLD, THE PROCEEDS OF SALE WILL BE RETAINED BY THE COMMISSIONER PENDING AN ORDER FROM THE MAGISTRATE HEARING THE FORFEITURE APPLICATION.

THE REVISED PROCEEDINGS ALSO PROVIDE FOR THE CLAIMANT TO APPLY TO A MAGISTRATE FOR THE RELEASE OF A SEIZED SHIP, VEHICLE OR AIRCRAFT BEFORE THE HEARING OF THE FORFEITURE APPLICATION.

HOWEVER, IF THE APPLICATION IS GRANTED, HE IS REQUIRED ΤΟ FURNISH A SECURITY OF A SUM OF MONEY NOT LESS THAN THE VALUE OF THE SHIP, VEHICLE OR AIRCRAFT, AND ALSO TO PAY ASSESSING THE VALUE OF THE SHIP, VEHICLE OR AIRCRAFT ORDERED BY THE MAGISTRATE.

THE COST OF

HE IS FURTHER REQUIRED TO REDELIVER THE SHIP. VEHICLE AIRCRAFT INTO THE CUSTODY OF THE COMMISSIONER BEFORE THE DATE OF HEARING OF THE APPLICATION FOR FORFEITURE.

AS

OR

THE

A CLAIMANT MAY PETITION THE GOVERNOR AGAINST THE DECISION OF THE COURT. IN DOING SO HE SHOULD GIVE A NOTICE IN WRITING то THE COMMISSIONER WITHIN SIX WEEKS OF THE DECISION AND THEREAFTER LODGE THE PETITION WITH THE CHIEF SECRETARY WITHIN ONE MONTH.

THE SPOKESMAN ALSO SAID THE NEW PROCEDURES WILL SHORTEN THE TIME REQUIRED FOR FORFEITURE PROCEEDINGS FROM AN AVERAGE OF ABOUT 12 MONTHS TO SIX MONTHS.

IT ALSO RECTIFIES THE PRESENT SITUATION IN WHICH AN APPLICATION FOR FORFEITURE CANNOT BE HEARD DUE TO PROCEDURAL PROBLEMS, INCLUDING DIFFICULTIES IN SERVING SUMMONSES TO SOME OF THE CLAIMANTS.

PEOPLE HAVING QUERIES ON THE NEW PROCEDURES CAN CONTACT STAFF OFFICER, MR MICHAEL, LEE, ON TEL 852 3303.

SENIOR

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