TNAG-0877-FCO40-1087-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 134

FOFFEITURE, THE M

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THE DIRECTOR SHALL APPLY TO A MAGISTRATE FOR THE FORFEITURE C

348. (1) WHERE A NOTICE OF CLAIM IS GIVEN UNDER SECTION 34A(5),

THE DIRECTOR SHALL APPLY TO A MAGISTRATE FOR THE FORFEITURE OF

THE SHIP AND SHALL STATE IN THE APPLICATION THE NAME AND ADDRES 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 SUMMO 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 MAGISTRÆ

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!S SATISFIED THAT THE SUMMONS WAS DULY SERVED OR (B) NEITHER THE CLAIMANT NOR ANY OTHER PERSON SATISFIES

THE MAGISTRATE THAT HE HAS A CLAIM,

AND THE MAGISTRATE IS SATISFIED THAT THE SHIP IS LIABLE TO

FORFEITURE, THE MAGISTGATE SHALL ORDER THAT THE SHIP

TO THE CROWN.

BE FORFEITO

(4) IF, ON THE HEARING OF AN APPLICATION UNDER THIS SECTION -

(A) A PERSON SATISFIED THE MAGISTRATE THAT HE HAS A CLAIM: AND

(9) THE MAGISTRATE IS SATISFIED THAT THE SHIP IS LIABLE

TO FORFEITURE, THE MAGISTRATE MAY ORDER THAT THE SHIE VEHICLE BE -

(1) FORFEITED TO THE CROWN: OR

(1) DELIVERED TO THE OWNER THEREOF OR HIS AGENT.

(5) IF, ON THE HEARING OF AN APPLICATION UNDER THIS SECT THE MAGISTRATE IS NOT SATISFIED THAT THE 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 CERTIFIED TRUE COPY OF THE RECORD OF THE PROCEEDINGS, INCLUDING THE DECISION OF THE COURT, IN ANY PROCEEDINGS IN RESPECT OF TM3 OFFENCE UNDER SECTION 34A OF THIS ORDINANCE OR SECTION 90(1) F THE CRIMINAL PROCEDURE ORDINANCE SHALL BE ADMISSIBLE IN EVIDENC

(7) SUBJECT TO THE PROVISIONS OF THIS ORDINANCE, AN APPLICATION UNDER THIS SECTION SHALL BE DEEMED FOR THE PURPOSES

OF THE MAGISTRATES ORDINANCE TO BE A COMPLAINT TO WHICH SECTIONB OF THAT ORDINANCE APPLIES.

34€. (1) THE OWNER OF ANY SHIP FORFEITED TO THE CROWN UNDER

SECTION 34A OR SECTION 34B CR HIS AGENT MAY WITHIN SIX WEEKS

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