24
CAP. 281]
Merchant Shipping
[1986 Ed.
(Cap. 369.)
(Cap. 221.)
(Cap. 227.)
Claims for return of forfeited ships.
(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 is liable to forfeiture,
the magistrate may order that the ship 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 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 of the Merchant Shipping (Safety) Ordinance or section 90(1) of the Criminal Procedure Ordinance shall be admissible in evidence. (Amended, 63 of 1981, s. 124)
(7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the purposes of the Magistrates Ordinance to be a complaint to which section 8 of that Ordinance applies.
(Added, 1 of 1979, s. 3)
34C. (1) The owner of any ship forfeited to the Crown under section 34A or section 34B or his agent may within 6 weeks after-
(a) the ship was forfeited to the Crown; or
(b) the determination of any appeal against the order for its forfeiture,
give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited ship.
(2) Where the owner of a forfeited ship has given notice in writing to the Director under subsection (1) and has submitted a moral claim to the Governor by lodging it with the Chief Secretary within 1 month from the date of such notice, the Governor may-
(a) order the return of the forfeited ship to the owner or his agent; or
(b) direct that the claim be referred to the Governor in Council.
(3) The Governor in Council, on considering a claim referred to him under subsection (2), may--
(a) order the return of the forfeited ship to the owner or his agent; or
(b) reject the claim.
(Added, 1 of 1979, s. 3)
Page 25
Page 26
24
CAP. 281]
Merchant Shipping
[1986 Ed.
(Cap. 369.)
(Cap. 221.)
(Cap. 227.)
Claims for return of forfeited ships.
(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 is liable to forfeiture,
the magistrate may order that the ship 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 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 of the Merchant Shipping (Safety) Ordinance or section 90(1) of the Criminal Procedure Ordinance shall be admissi- ble in evidence. (Amended, 63 of 1981, s. 124)
(7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the purposes of the Magis- trates Ordinance to be a complaint to which section 8 of that Ordinance applies.
(Added, 1 of 1979, s.
3)
34C. (1) The owner of any ship forfeited to the Crown under section 34A or section 34B or his agent may within 6 weeks after-
(a) the ship was forfeited to the Crown; or
(b) the determination of any appeal against the order for its
forfeiture,
give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited ship.
(2) Where the owner of a forfeited ship has given notice in writing to the Director under subsection (1) and has submitted a moral claim to the Governor by lodging it with the Chief Secretary within 1 month from the date of such notice, the Governor may-
(a) order the return of the forfeited ship to the owner or his
agent; or
(b) direct that the claim be referred to the Governor in
Council.
(3) The Governor in Council, on considering a claim referred to him under subsection (2), may--
(a) order the return of the forfeited ship to the owner or his
agent; or
(b) reject the claim.
(Added, I of 1979, s. 3)
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