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Chapter:

578 PDFTitle:CHEMICAL WEAPONS (CONVENTION) ORDINANCEGazette Number:L.N. 62 of 2004
Section:21Heading:Seized articles liable to forfeiture, etc.Version Date:18/06/2004


(1) There shall be liable to forfeiture¡X

        (a) any article which has been seized by a member of the Customs and Excise Service or an authorized officer in connection with an offence under this Ordinance, whether or not any person has been convicted of the offence;
        (b) any vessel or vehicle so seized which has been used in connection with, or is the subject of, an offence under this Ordinance, whether or not any person has been convicted of the offence; or
        (c) any article to which section 17(6) applies and which the Commissioner believes to be an article mentioned in paragraph (a) of the definition of "controlled article" in section 17(7).
(2) The Commissioner may, within 30 days of the seizure of an article, vessel or vehicle, restore any article (other than a chemical weapon) or any vessel or vehicle which is liable to forfeiture to the person who appears to him to be the owner thereof or the authorized agent of the owner; and upon such restoration the other provisions of this Part shall cease to apply to the article, vessel or vehicle.
(3) The Commissioner shall, not later than 30 days beginning on the date of the seizure of an article, vessel or vehicle, serve a notice of the seizure¡X
        (a) on a person who was to the knowledge of the Commissioner at the time of, or immediately after, seizure, an owner of the article, vessel or vehicle; and
        (b) specifying¡X
          (i) the reasons for the seizure;
          (ii) that the article, vessel or vehicle is liable to forfeiture if¡X
            (A) in the case of the article, the ground stated in subsection (1)(a) is applicable to the article;
            (B) in the case of the vessel or vehicle, the ground stated in subsection (1)(b) is applicable to the vessel or vehicle;
          (iii) that if no notice of claim in respect of the article, vessel or vehicle is given to the Commissioner under subsection (7), then the article, vessel or vehicle will be forfeited to the Government under subsection (12); and
          (iv) that the Commissioner is required by section 16(5) to restore the article, vessel or vehicle to the person who appears to him to be the owner thereof or the authorized agent of the owner as soon as is reasonably practicable after the article, vessel or vehicle¡X
            (A) is not, or is no longer, required for the purposes of any investigation or criminal proceedings under this Ordinance or any other enactment; and
            (B) is not liable to forfeiture under this Ordinance or any other enactment,
and the notice shall be accompanied by copies of section 16(5) and this section.
(4) Subsection (3) shall not apply in relation to an owner who does not have a permanent address in Hong Kong at the time of seizure.
(5) Where the Commissioner believes that the article, vessel or vehicle is a stolen article, vessel or vehicle, he shall serve notice of the seizure within the period specified in subsection (3), on a person whom he believed at the time of, or immediately after, seizure, to be an owner of the article, vessel or vehicle.
(6) Subject to subsection (13), a notice given under subsection (3) or (5) shall be deemed to have been duly served if¡X
        (a) it is delivered to the person on whom it is to be served;
        (b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Commissioner; or
        (c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited at the Customs and Excise Department, in a place to which the public have access, for a period of not less than 7 days commencing within 30 days from the date of the seizure of the article, vessel or vehicle.
(7) If an article, vessel or vehicle is liable to forfeiture under subsection (1), the owner or the authorized agent of the owner of the article, vessel or vehicle or a person who was in possession of the article, vessel or vehicle at the time of seizure, or a person who has a legal or equitable interest in the article, vessel or vehicle, may within 30 days beginning, where notice under subsection (3) or (5) is¡X
        (a) served by delivery to the person to be served, on the date of service;
        (b) sent by registered post, on the third day after the date of posting; or
        (c) exhibited as described in subsection (6)(c), on the first day it is so exhibited,
give notice in writing to the Commissioner claiming that the article, vessel or vehicle is not liable to forfeiture and of his full name and address for service in Hong Kong.
(8) Where a claimant does not have a permanent address in Hong Kong, the notice to the Commissioner under subsection (7) shall nominate a solicitor qualified to practise under the Legal Practitioners Ordinance (Cap 159), by including the name and address of the solicitor, who is authorized to accept service on his behalf in relation to any forfeiture proceedings.
(9) If a notice referred to in subsection (8) does not include the name and address of a solicitor as required under that subsection, it shall be regarded as if no notice had been given.
(10) Service of process in relation to forfeiture under this Ordinance at an address given under subsection (7) or on a solicitor nominated under subsection (8), shall be good service on the claimant.
(11) A claimant may withdraw a notice of a claim at any time in writing to the Commissioner.
(12) If, on the date of expiration of the appropriate period of time specified in subsection (7) for the giving of a notice of claim, under that subsection, no such notice has been given in writing to the Commissioner, then the article, vessel or vehicle¡X
        (a) shall be forfeited forthwith to the Government; and
        (b) may be disposed of, whether by destruction or otherwise, as the Commissioner thinks fit.
(13) Where¡X
        (a) an article is liable to forfeiture by virtue of subsection (1)(c); and
        (b) subsection (3) does not apply in the case of the article because the Commissioner does not know who is the owner of the article,
then the Commissioner shall, notwithstanding that subsection (3) does not apply, cause subsection (6)(c) to be complied with in respect of the article¡X
        (c) as if subsection (3) did apply; and
        (d) with such modifications to the notice concerned as are necessary to take account of that lack of knowledge,
and the other provisions of this section and Part shall apply accordingly.
(14) It is hereby declared that nothing in this section shall prevent the Commissioner from restoring any article (other than a chemical weapon), vehicle or vessel mentioned in subsection (2) to a person or agent mentioned in that subsection¡X
        (a) in response to a notice under subsection (7); and
        (b) on or after the expiration of the 30 days mentioned in subsection (2).