TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 301

0003230

G.F. 323

CONFIDENTIAL

39

(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 claim; and

(b) the magistrate is satisfied that the vehicle or ship is

liable to forfeiture,

the magistrate may order that the vehicle or ship be

(i) forfeited to the Crown; or

(ii) delivered to the owner thereof or his agent.

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

the magistrate is not satisfied that the vehicle or ship is liable

to forfeiture, he shall order that it be delivered to the owner

thereof or his agent.

(6) On the hearing of an application under this section

-

(a) a certified true copy of the record of the proceedings,

including the decision of the court, in any proceedings

in respect of the offence under section 33(1) or (4)

or section 34 of this Ordinance or section 90(1) of

the Criminal Procedure Ordinance shall be admissible

in evidence; and

CONFIDENTIAL