TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 24

IMMIGRATION (AMENDMENT) (NO. 3)

Ord. No. 61/79

A185

(5) If on the hearing of an application made under subsection (1)—

(a) neither the claimant nor any other person appears before the court to make a claim and the court is satisfied that notice of the date of the hearing was duly served on the claimant; or

(b) neither the claimant nor any person satisfies the

court that he has a claim,

and the court is satisfied that the ship is liable to forfeiture, the court shall order that the ship be forfeited to the Crown.

(6) If, on the hearing of an application made under subsection (1) and not withdrawn, the court is satisfied that-

(a) the ship is liable to forfeiture; and

(b) a person has a claim in respect thereof,

it shall order that the ship be forfeited to the Crown unless that person satisfies the court that it is just and equitable in all the circumstances-

(i) that the ship should not be forfeited; or

(ii) that the ship should not be forfeited but that instead a sum under subsection (7) should be paid to the Crown.

(7) Where the court does not order that the ship be forfeited, it shall order that the ship be released to the owner or his agent either without payment to the Director or upon payment to the Director of-

(a) such sum, if any, as appears to the court to be sufficient to reimburse the Government for expendi- ture reasonably incurred or to be incurred by the Government in seizing and detaining the ship and in supplying goods and services to it and to any person on board the ship;

(b) such sum, if any, as appears to the court to be just and equitable in lieu of forfeiture of the ship, having regard to all the circumstances including the value of the ship, the degree of blameworthiness of the owner or other claimant and any other relevant factors.

(8) If any sum ordered to be paid under subsection (7) is not paid to the Director within 1 month of the date of the order, then the ship shall thereupon be deemed to be duly forfeited to the Crown without prejudice to any order for the payment of any sum under subsection (7)(a), which may be recovered as a civil debt due to the Government.

(9) Where the court orders that the ship be forfeited, it may in addition order the owner or other claimant to pay to the Director the sum specified in subsection (7)(a).

(10) On the hearing of an application made under sub- section (1), a certified true copy of the record of any proceedings, including the decision of the court, in respect of an offence under section 37C or 37D shall be admissible in evidence, and for the avoidance of doubt it is declared that such application is a civil proceeding.

(11) Subject to the provisions of this Ordinance, an application to a magistrate under subsection (1) may with