TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 12

not appear to the Governor that he or they have been party or privy to a violation of the United Nations resolutions;

(e) to the Consolidated Fund of the Territory.

(5) The proceeds of any sale of cargo under this article shall be applied as follows and in the following order, that is to say-

(a) in payment of any duty or tax which is chargeable in consequence of the cargo

having been imported into the Territory;

(b) in payment of the expenses incurred by the Governor in effecting the forfeiture

of the cargo and its sale;

(c) in payment of cargo storage charges;

(d) subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the cargo have been divested by reason of the forfeiture and sale, and in respect of whom it does not appear to the Governor that he or they have been party or privy to a violation of the United Nations resolutions;

(e) to the Consolidated Fund of the Territory.

(6) For the purposes of this article, forfeiture in the case of an aircraft shall extend to- (a) the equipment of the aircraft and any stores for use in connection with its

operation (being equipment or stores carried in the aircraft); and

(b) any aircraft documents carried in the aircraft;

and any such documents may, if the aircraft is sold by the Governor, be transferred by him to the purchaser.

Procedure for giving certificates and making orders of forfeiture

10.-(1) Before making a determination for the purposes of article 4(7), 5(4), or 6(6) the Governor-

(a) by notice in writing served on the owner of the ship or goods vehicle, or the owner or operator of the aircraft, as the case may be, shall state that he believes that the ship, goods vehicle, or aircraft has been used or operated in violation of the United Nations resolutions and shall invite that person to make representations to him in writing concerning the matter within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the owner or operator, as the case may be, so requests, he shall be afforded an opportunity of being heard by the Governor; and (b) shall publish a notice in the Gazette inviting any person who claims to have an interest in the ship, goods vehicle or aircraft to make representations to him concerning the matter referred to in sub-paragraph (a) above, within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Governor.

(2) Before making an order of forfeiture under article 7(1), 8(1) or 9(1) the Governor- (a) by notice in writing served on the owner of the ship, goods vehicle or cargo, or the owner or operator of the aircraft, as the case may be, shall state his intention to make such an order and shall invite that person to make representations to him - in writing concerning the matter within such period of not less than 21 days. beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the owner or operator, as the case may be, so requests, he shall be afforded an opportunity of being heard by the Governor; and (b) shall publish a notice in the Gazette, inviting any person who claims an interest in the ship, goods vehicle, aircraft or cargo to make representations in writing to him concerning the proposed forfeiture within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Governor.

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