TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 51

Forfeiture of

ships.

IMMIGRATION (AMENDMENT) (NO. 3) BILL

(b) that the conveyance in relation to which he is charged was carrying, or would carry, any un- authorized entrant,

as the case may be.

(3) In this section "conveyance" means a ship. aircraft, vehicle or any other means whatsoever of travel or transport.

37E. (1) Where a ship is used in the commission of an offence under section 37C or 37D, the ship shall be liable to forfeiture whether or not any person is convicted of any such offence.

(2) With the approval in writing of the Attorney General the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1) and within 21 days of any such seizure the Director shall serve notice of the 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 this sub- section to give notice to one of the owners.

(3) A notice under subsection (2) shall be deemed to have been duly served on the owner if-

(a) it is delivered to him, or to the person whom the

Director believes to be the owner;

(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or (c) where in the opinion of the Director it is not practicable to serve the notice in accordance with paragraph (a) or (b) it is published in accordance with subsection (4).

(4) Within 21 days of the seizure of any ship which appears to the Director to be liable to forfeiture under subsection (1), notice of the seizure of the ship shall be published-

(a) in the Gazette; and

(b) in 1 newspaper published in Hong Kong in the English language and 1 newspaper so published in the Chinese language.

(5) Any person who has a claim to a ship which has been seized (in this section and in section 37F referred to as the claimant) may, within 30 days of the publication in the Gazette of notice of the seizure. give notice in writing to the Director that he claims that the ship is not liable to forfeiture.

(6) A notice under subsection (5) shall state an address within Hong Kong at which the claimant may be served in any proceedings arising out of the claim and in any such proceedings a document addressed to the claimant and sent by post to, or delivered at, that address shall for the purposes of this Part be deemed to be duly served on the claimant.

(7) The Director may at any time prior to the expira- tion of the period of time specified in subsection (5), terminate the seizure of the ship by serving notice to that effect on the owner in accordance with subsection (3), or in a similar manner on the person in possession of the ship

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