Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/26

CHEMICAL WEAPONS (CONVENTION) ORDINANCE (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—
 * (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—
 * (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—
 * (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—
 * (a) in response to a notice under subsection (7); and
 * (b) on or after the expiration of the 30 days mentioned in subsection (2).

22. Determination of applications for forfeiture

(1) When a notice of claim is given under section 21(7) and the article, vessel or vehicle concerned has not been restored pursuant to section 21(2) or (14), 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.

(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.

(3) 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.