Director of Trade, Industry and Customs as the apparent owner of the goods. Section 27(3) provides that within 21 days after the seizure of any article which appears to the Director of Trade, Industry and Customs to be liable to forfeiture under section 27(1), he shall serve notice of such seizure upon the owner of the article. Section 27(5) provides that any person (i) who is the owner or the authorised agent of the owner or (ii) who was in possession of the article when it was seized, may, within 30 days after the date of the notice, give notice to the Director of Trade, Industry and Customs that he claims that the article is not liable to forfeiture. No claim to the goods, however, was received within the 30 days stipulated and the goods were therefore automatically forfeited to the Crown by virtue of section 27(6) of the Ordinance.
6
On 30th March 1981, Messrs King and Company, solicitors acting for the petitioner, claimed ownership of the goods in question and gave notice to the Director of Trade, Industry and Customs that a moral claim would be submitted to the Governor under section 30(1) of the Import and Export Ordinance. Under that section, the owner of any article forfeited to the Crown under that Ordinance may within 6 weeks after the forfeiture of the article under section 27(6) give notice in writing to the Director of Trade, Industry and Customs of his intention to submit to the Governor a moral claim in respect of the forfeited articles. The petitioner submitted his claim on 28th April 1981.
The Petitioner's Grounds for the Claim
7
(a)
(b)
(c)
The petitioner has put forward 3 points in support of his claim:
The return of the goods would have no serious effect on the Government's revenue because the goods were purchased in Hong Kong and duties, if any, had already been paid;
the petitioner is now 84 and living alone; and
the forfeiture of the goods would bring severe financial hardship to the petitioner, because his total assets, including cash at hand and interests in 3 fishing boats, amount to $170,000 whereas the goods, purchased on credit and still not paid for, are worth $120,000.
Comments from the Director of Trade, Industry and Customs
8
The Director of Trade, Industry and Customs has recommended that the petition should be rejected. On the facts of the case, there are serious doubts as to whether the petitioner, Mr Ng, is the true owner of the
G.S. 84
RESTRICTED
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