Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/25

CHEMICAL WEAPONS (CONVENTION) ORDINANCE (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—
 * (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—
 * (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.