CAP. 134]
Dangerous Drugs
[1988 Ed.
(2) Bail on behalf of a ship under subsection (1) shall be in an amount not less than $5,000,000 and may be-
(a) a sum of money deposited with the High Court; or
(b) subject to subsection (3), a bond.
(3) Where bail on behalf of a ship is a bond, the bond shall be
(a) in such form as the High Court may determine;
(b) entered into by a surety or sureties acceptable to the Attorney General; and
(c) supported by an affidavit by each surety stating that he is able to pay the sum for which the bond is given.
Imposition of penalties in respect of ships carrying excessive quantities of drugs and consequential proceedings
38F. (1) Where, on an application being made by the Commissioner of Customs and Excise and where a summons has been served under section 38D(2), the High Court is satisfied beyond reasonable doubt (Amended 40 of 1985, s. 9)
(a) that an excessive quantity of dangerous drugs has been found on a ship exceeding 250 gross tons; and
(b) that an excessive quantity of dangerous drugs was found on that ship within 18 months prior to the finding specified in paragraph (a),
it may order the owner to pay a financial penalty not exceeding $5,000,000.
(2) Where a ship has been admitted to bail under section 38E, the High Court may order that any financial penalty imposed under subsection (1) be recovered by estreatment of the bail or such part thereof as may be necessary and the payment thereof to the Crown.
(3) Where a ship has not been admitted to bail under section 38E, the High Court may order that the ship continue to be detained until any financial penalty imposed under subsection (1) is paid or arrangements satisfactory to the High Court are made for the payment thereof.
(4) Where a ship has not been admitted to bail under section 38E and any financial penalty imposed under subsection (1) has not been paid and no satisfactory arrangements for the payment thereof have been made, the High Court may order that the ship be forfeited to the Crown.
(5) The High Court may impose a financial penalty under subsection (1) whether or not-
(a) the first of the occasions was before the coming into operation of this Part; or
(b) any person is convicted of an offence in respect of the excessive quantity of a dangerous drug; or
(c) the master or owner knew of the carriage.
30
CAP. 134]
Dangerous Drugs
[1988 Ed.
(2) Bail on behalf of a ship under subsection (1) shall be in an amount not less than $5,000,000 and may be-
(a) a sum of money deposited with the High Court; or
(b) subject to subsection (3), a bond.
(3) Where bail on behalf of a ship is a bond, the bond shall be
(a) in such form as the High Court may determine;
(b) entered into by a surety or sureties acceptable to the Attorney
General; and
(c) supported by an affidavit by each surety stating that he is able to pay
the sum for which the bond is given.
Imposition of penalties in respect of ships carrying excessive quantities of drugs and consequential proceedings
38F. (1) Where, on an application being made by the Commissioner of Customs and Excise and where a summons has been served under section 38D(2), the High Court is satisfied beyond reasonable doubt (Amended, 40
of 1985, s. 9)
(a) that an excessive quantity of dangerous drugs has been found on a
ship exceeding 250 gross tons; and
(b) that an excessive quantity of dangerous drugs was found on that ship
within 18 months prior to the finding specified in paragraph (a),
it may order the owner to pay a financial penalty not exceeding $5,000,000.
(2) Where a ship has been admitted to bail under section 38E, the High Court may order that any financial penalty imposed under subsection (1) be recovered by estreatment of the bail or such part thereof as may be necessary and the payment thereof to the Crown.
(3) Where a ship has not been admitted to bail under section 38E, the High Court may order that the ship continue to be detained until any financial penalty imposed under subsection (1) is paid or arrangements satisfactory to the High Court are made for the payment thereof.
(4) Where a ship has not been admitted to bail under section 38E and any financial penalty imposed under subsection (1) has not been paid and no satisfactory arrangements for the payment thereof have been made, the High Court may order that the ship be forfeited to the Crown.
(5) The High Court may impose a financial penalty under subsection (1) whether or not-
(a) the first of the occasions was before the coming into operation of this
Part; or
(b) any person is convicted of an offence in respect of the excessive
quantity of a dangerous drug; or
(c) the master or owner knew of the carriage.
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