56
CAP. 115]
Immigration
[1989 Ed.
it shall order that the ship be forfeited to the Crown unless that person satisfies the court that it is just and equitable in all the circumstances-
(i) that the ship should not be forfeited; or
(ii) that the ship should not be forfeited but that instead a sum under subsection (7) should be paid to the Crown.
(7) Where the court does not order that the ship be forfeited, it shall order that the ship be released to the owner or his agent either without payment to the Director or upon payment to the Director of
(a) such sum, if any, as appears to the court to be sufficient to reimburse the Government for expenditure reasonably incurred or to be incurred by the Government in seizing and detaining the ship and in supplying goods and services to it and to any person on board the ship;
(b) such sum, if any, as appears to the court to be just and equitable in lieu of forfeiture of the ship, having regard to all the circumstances including the value of the ship, the degree of blameworthiness of the owner or other claimant and any other relevant factors.
(8) If any sum ordered to be paid under subsection (7) is not paid to the Director within 1 month of the date of the order, then the ship shall thereupon be deemed to be duly forfeited to the Crown without prejudice to any order for the payment of any sum under subsection (7)(a), which may be recovered as a civil debt due to the Government.
(9) Where the court orders that the ship be forfeited, it may in addition order the owner or other claimant to pay to the Director the sum specified in subsection (7)(a).
(10) On the hearing of an application made under subsection (1), a certified true copy of the record of any proceedings, including the decision of the court, in respect of an offence under section 37C or 37D shall be admissible in evidence, and for the avoidance of doubt it is declared that such application is a civil proceeding.
(11) Subject to the provisions of this Ordinance, an application to a magistrate under subsection (1) may with the leave of the magistrate be withdrawn at any time prior to the making of an order under subsection (6) or (7), and shall be deemed for the purpose of the Magistrates Ordinance (Cap. 227) to be a complaint to which section 8 of that Ordinance applies.
37G. Forfeiture of property
An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under this section and if upon hearing such application or, where no such application is made,
56
CAP. 115]
Immigration
[1989 Ed.
it shall order that the ship be forfeited to the Crown unless that person satisfies the court that it is just and equitable in all the circumstances-
(i) that the ship should not be forfeited; or
(ii) that the ship should not be forfeited but that instead a sum under
subsection (7) should be paid to the Crown.
(7) Where the court does not order that the ship be forfeited, it shall order that the ship be released to the owner or his agent either without payment to the Director or upon payment to the Director of
(a) such sum, if any, as appears to the court to be sufficient to reimburse the Government for expenditure reasonably incurred or to be incurred by the Government in seizing and detaining the ship and in supplying goods and services to it and to any person on board the ship;
(b) such sum, if any, as appears to the court to be just and equitable in lieu of forfeiture of the ship, having regard to all the circumstances including the value of the ship, the degree of blameworthiness of the owner or other claimant and any other relevant factors.
(8) If any sum ordered to be paid under subsection (7) is not paid to the Director within 1 month of the date of the order, then the ship shall thereupon be deemed to be duly forfeited to the Crown without prejudice to any order for the payment of any sum under subsection (7)(a), which may be recovered as a civil debt due to the Government.
(9) Where the court orders that the ship be forfeited, it may in addition order the owner or other claimant to pay to the Director the sum specified in subsection (7)(a).
(10) On the hearing of an application made under subsection (1), a certified true copy of the record of any proceedings, including the decision of the court, in respect of an offence under section 37C or 37D shall be admissible in evidence, and for the avoidance of doubt it is declared that such application is a civil proceeding.
(11) Subject to the provisions of this Ordinance, an application to a magistrate under subsection (1) may with the leave of the magistrate be withdrawn at any time prior to the making of an order under subsection (6) or (7), and shall be deemed for the purpose of the Magistrates Ordinance (Cap. 227) to be a complaint to which section 8 of that Ordinance applies.
37G. Forfeiture of property
An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under this section and if upon hearing such application or, where no such application is made,
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