TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 25

A186

Ord. No. 61/79

(Cap. 227.)

Forfeiture

of property.

Compensation for seizure of ship or property.

Entry of

ships with unauthorized

entrants may be permitted in certain tances.

circums-

IMMIGRATION (AMENDMENT) (NO. 3)

the leave of the magistrate be withdrawn at any time prior to the making of an order under subsection (6) or (7), and shall be deemed for the purpose of the Magistrates Ordin- ance to be a complaint to which section 8 of that Ordinance applies.

37G. An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under this section and if upon hearing such application or, where no such application is made, in the course of

is made, in the course of a prosecution for an offence under section 37C or 37D, it appears to the court that any property other than a ship-

(a) has been, is being or is intended to be used in the commission or to procure or facilitate the commis- sion of an offence under section 37C or 37D; or (b) is the proceeds or represents the proceeds, directly or indirectly (as being the result of any disposal or realization of the whole or part of the proceeds) of any such offence,

the court shall, whether or not any person is convicted of any such offence, order the forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so.

37H. (1) Where any ship or other property is seized under this Part and subsequently released to the owner, whether on the order of a court or otherwise, the owner or person in lawful possession may within 6 months of such release apply to the District Court or the High Court for compensation for any loss arising out of the seizure, which shall be recoverable as a civil debt due from the Govern- ment. and such application may be begun by motion.

(2) An award of compensation under subsection (1) shall be an award of such sum, if any, as is just and equit- able in all the circumstances of the case, including the conduct and comparative blameworthiness of-

(a) the owner of the ship or other property;

(b) the person in charge or control of the ship or other

property at the time it was seized;

(c) the agents of the persons specified in paragraphs

(a) and (b); and

(d) public officers and any other persons concerned.

371. (1) Notwithstanding anything in this Part, no offence is committed. and no ship shall be liable to forfeiture, under this Part in respect of the presence of an unauthorized entrant on board a ship-

(a) which the Governor has in his discretion on special grounds granted permission to enter Hong Kong;

or

(b) whose first port of call is Hong Kong, if the un- authorized entrant was taken on board without reward pursuant to a legal obligation to go to his assistance.

(2) In any proceedings for an offence under this Part or for forfeiture arising out of such an offence, until it is