TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 160

0003230

G.F. 323

CONFIDENTIAL

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(3)

Save as provided in subsection (2), the magistrate

hearing the application shall, at the conclusion of the

proceedings, order that the amount of the money paid into

court under subsection (1) shall be repaid to the person

who paid it into court.

Claims for return of forfeited vehicles, ships or money.

45. (1) The owner of any vehicle or ship forfeited

to the Crown under section 42 or 43 or his agent or the

person by whom money forfeited to the Crown under section

44 was paid into court may within six weeks after

(a) the vehicle, ship or money was forfeited to the

Crown; or

(b) the determination of any appeal against an order

for its forfeiture made by a magistrate under

section 43 or 44,

give notice in writing to the Director of his intention to

submit to the Governor a moral claim in respect of the

forfeited vehicle, ship or money.

(2) Where the owner of a forfeited vehicle or ship or

the person by whom forfeited money was paid into court has

given notice in writing to the Director under subsection (1)

and has submitted a moral claim to the Governor by lodging

it with the Colonial Secretary within one month from the

date of such notice, the Governor may

(a) order the return of the forfeited vehicle or

vessel to the owner or agent or the return of the

forfeited money to the person by whom it was paid

into court, as the case may be; or

CONFIDENTIAL