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and the magistrate is satisfied that the ship or vehicle is liable to forfeiture, the magistrate shall order that the ship or vehicle be forfeited to the Crown.
(4) If, on the hearing of an application under this section-
(a) a person satisfies the magistrate that he has a claim; and
(b) the magistrate is satisfied that the ship or vehicle is liable to forfeiture,
the magistrate may order that the ship or vehicle be---
(i) forfeited to the Crown; or
(ii) delivered to the owner thereof or his agent.
(5) If, on the hearing of an application under this section, the magistrate is not satisfied that the ship or vehicle is liable to forfeiture, he shall order that it be delivered to the owner thereof or his agent.
(6) On the hearing of an application under this section a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the offence under section 38(1) or (4) or 39 of this Ordinance or section 90(1) of the Criminal Procedure Ordinance (Cap. 221) shall be admissible in evidence. (Replaced 42 of 1979 s. 5)
(7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the purposes of the Magistrates Ordinance (Cap. 227) to be a complaint to which section 8 of that Ordinance applies.
49. Security in lieu of detention where application made for forfeiture of ship or vehicle
(1) Where an application has been made under section 48, a magistrate may, on payment into court by way of security of a sum of money not less in amount than the value of the ship as assessed by the Director of Marine or the value of the vehicle as assessed by the Director, order that the ship or vehicle be delivered to the claimant, subject to a condition that it be re-delivered into the custody of the Director before the date of hearing of the application.
(2) If a ship or vehicle which has been delivered to a claimant under subsection (1) is not re-delivered to the Director before the date of hearing of the application under section 48, the magistrate hearing the application may, in lieu of ordering that the ship or vehicle be forfeited to the Crown, order that the money paid into court under subsection (1) be forfeited to the Crown.
(3) Save as provided in subsection (2), the magistrate hearing the application shall, at the conclusion of the proceedings, order that the amount of the money paid into court under subsection (1) shall be repaid to the person who paid it into court.
50. Claims for return of forfeited ships, vehicles or money
(1) The owner of any ship or vehicle forfeited to the Crown under section 47 or 48 or his agent or the person by whom money forfeited to the Crown under section 49 was paid into court may within 6 weeks after-
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and the magistrate is satisfied that the ship or vehicle is liable to forfeiture, the magistrate shall order that the ship or vehicle be forfeited to the Crown.
(4) If, on the hearing of an application under this section-
(a) a person satisfies the magistrate that he has a claim; and
(b) the magistrate is satisfied that the ship or vehicle is liable to
forfeiture,
the magistrate may order that the ship or vehicle be---
(i) forfeited to the Crown; or
(ii) delivered to the owner thereof or his agent.
(5) If, on the hearing of an application under this section, the magistrate is not satisfied that the ship or vehicle is liable to forfeiture, he shall order that it be delivered to the owner thereof or his agent.
(6) On the hearing of an application under this section a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the offence under section 38(1) or (4) or 39 of this Ordinance or section 90(1) of the Criminal Procedure Ordinance (Cap. 221) shall be admissible in evidence. (Replaced 42 of 1979 s. 5)
(7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the purposes of the Magistrates Ordinance (Cap. 227) to be a complaint to which section 8 of that Ordinance applies.
49. Security in lieu of detention where application
made for forfeiture of ship or vehicle
(1) Where an application has been made under section 48, a magistrate may, on payment into court by way of security of a sum of money not less in amount than the value of the ship as assessed by the Director of Marine or the value of the vehicle as assessed by the Director, order that the ship or vehicle be delivered to the claimant, subject to a condition that it be re-delivered into the custody of the Director before the date of hearing of the application.
(2) If a ship or vehicle which has been delivered to a claimant under subsection (1) is not re-delivered to the Director before the date of hearing of the application under section 48, the magistrate hearing the application may, in lieu of ordering that the ship or vehicle be forfeited to the Crown, order that the money paid into court under subsection (1) be forfeited to the Crown.
(3) Save as provided in subsection (2), the magistrate hearing the application shall, at the conclusion of the proceedings, order that the amount of the money paid into court under subsection (1) shall be repaid to the person who paid it into court.
50. Claims for return of forfeited ships, vehicles or money
(1) The owner of any ship or vehicle forfeited to the Crown under section 47 or 48 or his agent or the person by whom money forfeited to the Crown under section 49 was paid into court may within 6 weeks after-
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