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CHEMICAL WEAPONS (CONVENTION) ORDINANCE (4) 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 (3), as the case may be, shall not apply.

(5) 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 21(7), appears before a court, the court shall hear the application.

(6) 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,

on his claim as to why the article, vessel or vehicle should not be forfeited.

(7) If, upon the hearing of an application under subsection (1), neither the claimant nor any other person who, though not the claimant, was, or would have been, entitled to make a claim under section 21(7), appears before a court and the court is satisfied—
 * (a) that the summons or the notice of the hearing (if any) required to be served under or by virtue of subsection (2) or (3), 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 or the notice of the hearing referred to in paragraph (a),

the court shall hear and determine the application without requiring further inquiry as to the whereabouts of the claimant.

(8) Subject to the provisions of this Ordinance, an application under subsection (1) to a magistrate shall be deemed to be a complaint for the purposes of section 8 of the Magistrates Ordinance (Cap. 227).

(9) Upon the hearing of an application under subsection (1) a court shall order that the article, vessel or vehicle, as the case may be, be forfeited to the Government and disposed of, whether by destruction or otherwise, as the Commissioner thinks fit—