TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 159

0003230

G.F. 323

CONFIDENTIAL

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shall be admitted in evidence on its production

by or on behalf of the Director without further

proof, and -

(iii) until the contrary is proved, it shall be

presumed that the certificate is signed by the

Director of Marine; and

(iv) such certificate shall be prima facie

evidence of all matters contained therein.

(7) Subject to the provisions of this Ordinance, an

application under this section shall be deemed for the

purposes of the Magistrates Ordinance to be a complaint

to which section 8 of that Ordinance applies.

Security in lieu of

detention where application made for

forfeiture

of vehicle

or ship.

44. (1) Where an application has been made under

section 43, a magistrate may, on payment into court by way

of security of a sum of money not less in amount than the

value of the vehicle or ship as assessed by the Director,

order that the vehicle or ship be delivered to the claimant,

subject to a condition that it be re-delivered into the

custody of the Director before the date of hearing of the

application.

(2) If a vehicle or ship which has been delivered

to a claimant under subsection (1) is not re-delivered to

the Director before the date of hearing of the application

under section 43, the magistrate hearing the application

may, in lieu of ordering that the vehicle or ship be

forfeited to the Crown, order that the money paid into

court under subsection (1) be forfeited to the Crown.

CONFIDENTIAL