TNAG-0877-FCO40-1087-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 132

CONTRARY |§ ̃PŘOVEN, BE PRESUMER IN BE A FARBENSER

THAT VESSEL 1

(B) EVERY SHIP, OTHER THAN A FERRY VESSEL PLYING BETWEEN

TWC OR MORE POINTS WITHIN THE COLONY, CARRYING MORE THAN TWELVE PASSENGERS WITHIN THE WATERS OF HONG KONG SHALL, UNTIL THE CONTRARY IS PROVED, BE DEEMED TO BE A PASSENGER SHIP

3. THE PRINCIPAL ORDINANCE IS AMENDED BY ADDING AFTER SECTION 34

THE FOLLOWING SECTIONS

N

ths CannTE

34A. (1)' WHERE THE OWNER OF MASTER OF A PASSENGER SHIP IS GUILTY OF AN OFFENCE UNDER SECTION 34, THE SHIP SHALL BE LIABLE TO FORFEITURE, WHETHER OR NOT THE OWNER OR MASTER IS CONVICTE IN RESPECT OF SUCH OFFENCE.

*

(2) THE DIRECTOR MAY SEIZE AND DETAIN ANY SHIP WHICH APPEAR TC HIM TO BE LIABLE TO FORFEITURE UNDER SUBSECTION (1 WITHIN 21 DAYS OF ANY SUCH SEIZURE THE DIRECTOR SHALL SERE NOTICE OF SEIZURE ON THE OWNER OF THE SHIP:

PROVIDED THAT WHERE THERE IS MORE THAN ONE OWNER OF A SHIP IT SHALL BE SUFFICIENT FOR THE PURPOSES OF THE SUB- SECTION TO GIVE NOTICE TO ONE OF THE OWNERS.

(3) A NOTICE UNDER SUBSECTION (2) SHALL BE DEEMED TO HAVE

BEEN DULY SERVED IF

(A) IT IS DELIVERED TO THE PERSON ON WHOM IT IS TO BE

SERVED

(B) IT IS SENT BY REGISTERED POST ADDRESSED TO SUCH

PERSON AT THE PLACE OF RESIDENCE OR BUSINESS OF SUCM

PERSON, IF ANY, KNOWN TO THE DIRECTOR: OR

(C) WHERE IT CANNOT BE SERVED IN ACCORDANCE WITH PADA

GRAPH (A) OR (B), THE NOTICE IS EXHIBITED IN THE MARIAG DEPARTMENT IN A PLACE TO WHICH THE PUBLIC HAVE ACCEST FOR NOT LESS THAN SEVEN DAYS COMMENCING WITHIN 21 34

OF THE SEIZURE OF THE SHIP.

(A WITHIN SEVEN DAYS AFTER THE SERVICE UNDER SUBSECTIO OF A NOTICE OF SEIZURE, NOTICE OF THE SEIZURE OF THE SHALL BE PUBLISHED

(A) IN THE GAZETTE AND

(B) IN ONE NEWSPAPER PUBLISHED IN HONG KONG IN THE

ENGLISH LANGUAGE AND IN ONE NEWSPAPER SO PUBLISHED THE CHINESE LANGUAGE.

131 WHERE A NOTICE OF SEIZURE HAS BEEN SERVED UNDER SUB-

SECTION (2), ANY PERSON WHO HAS A CLAIN (HEREINAFTER RE.. "O AS THE CLAIKANT) MAY WITHIN THIRTY DAYS AFTER -

(A) THE DATE OF THE NOTICE, IF IT WAS SERVED UNDER .