TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 285

(Cap. 221.)

(Cap. 227.)

MERCHANT SHIPPING (AMENDMENT)

Claims for return of forfeited ships.

Ord. No. 1/79

A5

(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 summons 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 magistrate is 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 for- feiture, the magistrate shall order that the ship be forfeited to the Crown.

(4) If, on the hearing of an application under this sec- tion-

(a) a person satisfies the magistrate that he has a claim;

and

(b) the magistrate is satisfied that the ship is liable to

forfeiture,

the magistrate may order that the ship be-

(i) forfeited to the Crown; or

(ii) delivered to the owner thereof or his agent.

(5) If, on the hearing of an application under this section, 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, includ- ing the decision of the court, in any proceedings in respect of the offence under section 34 of this Ordinance or section 90(1) of the Criminal Procedure Ordinance shall be admissi- ble in evidence.

(7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the pur- poses of the Magistrates Ordinance to be a complaint to which section 8 of that Ordinance applies.

34C. (1) The owner of any ship forfeited to the Crown under section 34A or section 34B or his agent may within 6 weeks after-

(a) the ship was forfeited to the Crown; or

(b) the determination of any appeal against the order

for its forfeiture,

give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited ship.

(2) Where the owner of a forfeited ship has given notice in writing to the Director under subsection (1) and has sub- mitted a moral claim to the Governor by lodging it with the Chief Secretary within 1 month from the date of such notice, the Governor may―

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