TNAG-0860-FCO40-1070-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 96

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Clause 3 adds 4 new sections to the Ordinance

providing for the forfeiture of ships of any size where

the master or owner is guilty (whether convicted or not)

of an offence under section 34. The first 3 sections

set out in detail the procedure to be followed after

seizure by the Director of Marine with the approval

of the Attorney General. Provision is made for notice

of seizure to be served on the owner and also to be

published. In the absence of claims the ship is then

forfeited to the Crown. Any claims are referred to a

magistrate who may order the forfeiture of the ship

or order that it to be returned to the owner.

If an

order of forfeiture is made, the owner may within 6

weeks submit any moral claim to the Governor who may

either accede to it or may refer it to the Governor

in Council for consideration. These 3 sections will

expire at the end of 1979 unless extended by the

Legislative Council.

The Bill has no direct financial or staffing

implications although if in consequence of new sections

34A, 34B and 34C any ship is forfeited to the Crown some

benefit would accrue.