1964_IMMIGRATION_ORDINANCE — Page 56

1989 Ed.]

Immigration

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(7) The Director may at any time prior to the expiration 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 at the time it was seized; and within 14 days of so terminating the seizure of the ship, the Director shall release the ship to the owner or to such person and publish notice of the termination of the seizure in the manner provided in subsection (4).

(8) If, on the expiry of the period of time specified in subsection (5) for the giving of a notice of a claim, no such notice has been given in writing to the Director, the ship shall thereupon be deemed to be duly forfeited to the Crown.

(9) A person has a claim for the purposes of this section and section 37F if-

(a) he is the owner of the ship, or of an interest in the ship, or is the agent of the owner; or

(b) he was in possession of the ship at the time it was seized.

37F. Determination of application for forfeiture

(1) Where a notice of claim is given under section 37E(5) and the Director does not terminate the seizure under section 37E(7), the Director shall apply for the forfeiture of the ship.

(2) An application under subsection (1) may be made to a magistrate, the District Court or to the High Court, as the Attorney General thinks fit.

(3) When an application under subsection (1) is made to a magistrate, the magistrate shall issue a summons 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.

(4) When an application under subsection (1) is made to the District Court or the High Court, it shall be made and proceeded with, and may be withdrawn, in accordance with rules of court, and may be begun by motion.

(5) If on the hearing of an application made under subsection (1)-

(a) neither the claimant nor any other person appears before the court to make a claim and the court is satisfied that notice of the date of the hearing was duly served on the claimant; or

(b) neither the claimant nor any person satisfies the court that he has a claim,

and the court is satisfied that the ship is liable to forfeiture, the court shall order that the ship be forfeited to the Crown.

(6) If, on the hearing of an application made under subsection (1) and not withdrawn, the court is satisfied that-

(a) the ship is liable to forfeiture; and

(b) a person has a claim in respect thereof,