||Title:||DUTIABLE COMMODITIES ORDINANCE||Gazette Number:|
|Section:||48A||Heading:||Proceedings for forfeiture||Version Date:||30/06/1997|
(1) When a claimant gives notice under section 48(6), the Commissioner shall apply to a magistrate for the forfeiture of the goods or things liable to forfeiture 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.
(2) When an application 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 the summons to be served on the Commissioner.
(3) Where a claimant is the defendant in criminal proceedings before a magistrate and there is no other claimant, on an application made in that behalf by the Commissioner, the magistrate may hear the forfeiture application immediately following the hearing of criminal proceedings and subsection (2) shall not apply.
(4) A magistrate may, at the time and place of hearing for forfeiture application, or at an adjourned hearing, hear a person-
on his claim as to why the goods or things liable to forfeiture should not be forfeited.
(a) who has not been served with a notice of seizure and was not present when goods or things liable to forfeiture were 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 magistrate to have a right to claim ownership of, or a legal or equitable interest in, the goods or things liable to forfeiture,
(5) If, at the time and place appointed in a summons, neither the claimant nor another person who may have been entitled to make a claim appears and the magistrate is satisfied-
the magistrate shall hear the application without further inquiry as to the whereabouts of the claimant.
(a) that the summons 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 the service of summons; or
(c) that the address for service given to the Commissioner is inadequate to effect service of the summons,
(6) Upon the hearing of an application under this section a magistrate shall order that the goods or things, as the case may be, be forfeited to the Government where- (Amended 46 of 1996 s. 23)
(7) Upon the hearing of an application under this section, in any case other than a case referred to in subsection (6), a magistrate may if he is satisfied that the goods or things are liable to forfeiture and that a person is, or would have been, entitled to make a claim under section 48(6) in respect of the seized goods or things order that the goods or things-
(a) the person who appears in answer to the summons fails to satisfy the magistrate that he was, or would have been, entitled to make a claim under section 48(6) in respect of the seized goods or things; and
(b) no other person appears before the magistrate and satisfies him that he was, or would have been, entitled to make a claim; and
(c) the magistrate is satisfied that the goods or things are liable to forfeiture.
(8) If, after a magistrate has ordered that goods or things liable to forfeiture be delivered to a person, that person cannot be found or refuses to accept the goods or things, the Commissioner may apply to a magistrate who may-
(a) be forfeited to the Government; (Amended 46 of 1996 s. 23)
(b) be delivered to the claimant subject to any condition which he may specify in the order, including a condition-
(i) that the duty payable under this Ordinance be paid; and
(c) be disposed of in the manner and subject to the conditions as he may specify in the order.
(ii) that the claimant discharge the obligations imposed on him under this Ordinance; or
(9) On the hearing of an application-
(a) order that the goods or things liable to forfeiture be forfeited; or
(b) make any other order as he considers fit in the circumstances.
(a) a certified copy of the record of proceedings, including the decision of the court or magistrate, in proceedings for the contravention of this Ordinance is admissible in evidence; and
(b) a certificate issued by the Director of Marine or a person authorized by him as a Certifying Authority under the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg. C) certifying the gross tonnage of a ship, shall without proof of the signature, be admissible as evidence of the facts stated in the certificate.
(Added 70 of 1993 s. 5)