TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 157

0003230 G.F. 323

CONFIDENTIAL

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Determination of applications for forfeiture.

43. (1) where a notice of claim is given under

subsection (4) of section 42, the Director shall apply in

the prescribed form to a magistrate for the forfeiture of

the vehicle or ship and shall state in the application the

name and address of the claimant as specified in the notice

of claim.

(2) When any such application is made to a magistrate,

the magistrate shall issue a summons in the prescribed form

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.

(3) If, on the hearing of an application under this

section

(a) neither the claimant nor any other person appears

before the magistrate to make a claim and the

magistrate is satisfied that the summons was duly

served; or

(b) neither the claimant nor any other person satisfies

the magistrate that he has a claim; and

(c) the magistrate is satisfied that the vehicle or

ship is liable to forfeiture,

the magistrate shall order that the vehicle or ship be

forfeited to the Crown.

(4) If, on the hearing of an application under this

section

(a)

a person satisfies the magistrate that he has a

CONFIDENTIAL