TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 300

0003230

G.F. 323

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such notice has been given in writing to the Director, the vehicle

or ship shall be forfeited forthwith to the Crown.

(7) A person has a claim for the purposes of this section

and section 44 if

V

(a) he is the owner of the vehicle or ship or the agent of

the owner; or

(b) he was in possession of the vehicle or ship at the time

it was seized.

Determination of appli- cations for forfeiture.

44.

(1) Where a notice of claim is given under section

43(5), the Director shall apply in the prescribed form to a magis-

trate 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

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(b) neither the claimant nor any other person satisfies

the magistrate that he has a claim; and

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