TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 191

IMMIGRATION BILL

45. (1) Where an application has been made under section 44, 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 ship as assessed by the Director of Marine or the value of the vehicle as assessed by the Director, order that the ship or vehicle 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 ship or vehicle which has been delivered to a claim- ant under subsection (1) is not re-delivered to the Director before the date of hearing of the application under section 44, the magis- trate hearing the application may, in lieu of ordering that the ship or vehicle be forfeited to the Crown, order that the money paid into court under subsection (1) be forfeited to the Crown.

(3) Save as provided in subsection (2), the magistrate hear- ing the application shall, at the conclusion of the proceedings, order that the amount of the money paid into court under sub- section (1) shall be repaid to the person who paid it into court.

C307

Security in lieu of deten- tion where application made for forfeiture of ship or vehicle.

Claims for return of forfeited

46. (1) The owner of any ship or vehicle forfeited to the Crown under section 43 or section. 44 or his agent or the person by whom money forfeited to the Crown under section 45 was paid ships, vehicles into court may within six weeks after-

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

(b) the determination of any appeal against the order for

its forfeiture,

give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited ship, vehicle or money.

(2) Where the owner of a forfeited ship or vehicle or the person by whom forfeited money was paid into court has given notice in writing to the Director under subsection (1) and has sub- mitted 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 ship or vehicle to the owner or his agent or the return of the forfeited money to the person by whom it was paid into court, as the case may be; or

(b) direct that the claim be referred to the Governor in

Council.

or money.

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