1964_IMPORT_AND_EXPORT_ORDINANCE_ORDINANCE — Page 12

1986 Ed.]

Import and Export

[CAP. 60

11

or an authorized officer shall, within the period of 72 hours after the prohibited article has been stored in that place, cause a notice to be exhibited at the Customs and Excise Department in a place to which the public have access-

(a) stating that the prohibited article has been stored in that place;

(b) calling upon the owner of the prohibited article to submit to the Commissioner a claim in respect of it within 30 days; and

(c) stating his intention to apply to a magistrate at the expiration of 30 days from the date of the notice for an order that the prohibited article be forfeited to the Crown.

(4) When a claim to ownership of a prohibited article is submitted to the Commissioner pursuant to a notice given under subsection (3), the claimant shall produce to the Commissioner or an authorized officer such evidence as to his ownership as may be required by the Commissioner or authorized officer.

(5) Without prejudice to any provision of this Ordinance relating to the seizure of any article which is liable to forfeiture, the Commissioner or an authorized officer may, if he is satisfied of the validity of a claim made under subsection (4), authorize in writing the claimant to remove the prohibited article from the place in which it was stored, subject to the prior payment by the claimant of all storage and other charges which have accrued in respect of the storage of the article in the specified place.

(6) A magistrate shall, if satisfied that the provisions of this section have been complied with and that no claim to ownership has been established, on the application of the Commissioner or an authorized officer, order that a prohibited article be forfeited to the Crown.

(Amended, L.N.294/82)

PART IV

UNMANIFESTED CARGO AND SMUGGLING

14. (1) Any person who alters the fittings, fabric or structure of any vessel, aircraft or vehicle for the purpose of smuggling any article into or out of Hong Kong shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.

(2) If

(a) the Commissioner, any authorized officer or any member of the Customs and Excise Service reasonably suspects that any vessel, aircraft or vehicle has been used or is intended to be used for the purpose of smuggling; and

Alteration of vessel, aircraft or vehicle for the purpose of smuggling.