Chapter:	60	Title:	IMPORT AND EXPORT ORDINANCE	Gazette Number:	25 of 1998; 66 of 2000
Section:	28	Heading:	Determination of applications for forfeiture	Version Date:	01/07/1997

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 66 of 2000 s. 3

(1) When a notice of claim is given under section 27(5), the Commissioner or an authorized officer shall apply to a magistrate, the District Court or the Court of First Instance for the forfeiture of the article, vessel or vehicle and shall state in the application the name and address of the claimant or in the case of a claimant who does not have a permanent address in Hong Kong, the name and address of the solicitor authorized to accept service as specified in the notice of the claim. (Amended L.N. 294 of 1982; 62 of 1993 s. 9; 25 of 1998 s. 2)
(2) 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 upon the hearing of the application, and shall cause a copy of such summons to be served upon the Commissioner. (Amended L.N. 294 of 1982)
(2AA) When an application under subsection (1) is made to the District Court or the Court of First Instance, it shall be made and proceeded with in accordance with rules of court, and may be begun by motion. (Added 1 of 1994 s. 11. Amended 25 of 1998 s. 2)
(2A) Where the claimant is the defendant in criminal proceedings before a court and there is no other claimant, on an application made in that behalf by the Commissioner, the court may hear the forfeiture application immediately following the criminal proceedings and for the purposes of a hearing under this subsection, any requirement in respect of the issue or service of a summons or any notice of the hearing under or by virtue of subsection (2) or (2AA), as the case may be, shall not apply. (Added 62 of 1993 s. 9)
(3) If, upon the hearing of an application under subsection (1), the claimant or some other person who, though not the claimant, was, or would have been, entitled to make a claim under section 27(5), appears before a court, the court shall hear the application.
(3A) A court may, at the hearing of a forfeiture application, or at an adjourned hearing, hear a person-

(a) who has not been served with a notice of seizure and was not present when an article, vessel or vehicle was seized; or
(b) whose identity was not known to the Commissioner at the time of, or immediately after, seizure; and
(c) who appears to the court to have a right to claim ownership of, or a legal or equitable interest in, the article, vessel or vehicle,

(a) that the summons or the notice of the hearing (if any) required to be served under or by virtue of subsection (2) or (2AA), as the case may be, was served;
(b) that a person at the address for service, including a solicitor nominated to accept service on behalf of a claimant, has refused to accept service of the summons or the notice of the hearing referred to in paragraph (a); or
(c) that the address for service given to the Commissioner is inadequate to effect service of the summons of the notice of the hearing referred to in paragraph (a),

(a) in the case where-
(i) the person who appears before the court fails to satisfy the court that he was, or would have been, entitled to make a claim under section 27(5) in respect of the seized article, vessel or vehicle; and
(ii) no other person appears before the court and satisfies it that he was, or would have been, entitled to make such claim; and
(iii) the court is satisfied that the article, vessel or vehicle is liable to forfeiture; or
(b) in the case where the court is satisfied that the article-
(i) is liable to forfeiture; and
(ii) is such an article as is referred to in Schedule 1. (Amended 30 of 1995 s. 10)

(a) that a person is, or would have been, entitled to make a claim under section 27(5) in respect of the seized article, vessel or vehicle; and
(b) that the article (not being such an article as is referred to in Schedule 1), vessel or vehicle is liable to forfeiture, (Amended 30 of 1995 s. 10)

(i) be forfeited to the Government; (Amended 66 of 2000 s. 3)
(ii) be delivered to the claimant subject to any condition which it may specify in the order; or (Amended 62 of 1993 s. 9)
(iii) be disposed of in such manner and subject to any such condition as it may specify in the order.

(a) a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the contravention of any provision of this Ordinance shall be admissible in evidence; and
(b) a certificate issued by a Certifying Authority certifying the gross tonnage of any vessel shall, upon production of the certificate and without proof of the signature thereon, be admissible as prima facie evidence of the facts stated therein. (Amended 22 of 1991 s. 10)

(a) order that the article, vessel or vehicle be forfeited; or
(b) make any other order as it considers fit in the circumstances. (Added 62 of 1993 s. 9)