Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/28

CHEMICAL WEAPONS (CONVENTION) ORDINANCE :(a) in the case where—
 * (i) the person who appears before the court fails to satisfy the court that he was, or would have been, entitled to make a claim under section 21(7) in respect of the seized article, vessel or vehicle;
 * (ii) no other person appears before the court and satisfies it that he was, or would have been, entitled to make such claim; and
 * (iii) the court is satisfied that the article, vessel or vehicle is liable to forfeiture; or
 * (b) in the case where the court is satisfied that the article—
 * (i) is liable to forfeiture; and
 * (ii) is such an article as is a chemical weapon.

(10) Upon the hearing of the application under subsection (1), in any case other than a case referred to in subsection (9)(a) or (b) a court may, if it is satisfied—
 * (a) that a person is, or would have been, entitled to make a claim under section 21(7) in respect of the seized article, vessel or vehicle; and
 * (b) that the article (not being a chemical weapon), is liable to forfeiture,

order that the article, vessel or vehicle—
 * (c) be forfeited to the Government;
 * (d) be delivered to the claimant subject to any condition which it may specify in the order; or
 * (e) be disposed of in such manner and subject to any such condition as it may specify in the order.

(11) Upon the hearing of the application a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of an offence under this Ordinance shall be admissible in evidence.

(12) If, after a court has ordered that an article, vessel or vehicle be delivered to a person, that person cannot be found or refuses to accept the article, vessel or vehicle, the Commissioner may apply to a court which may—
 * (a) order that the article, vessel or vehicle be forfeited; or
 * (b) make any other order as it considers fit in the circumstances.

23. Power to release seized vessels and vehicles prior to hearing

(1) Where an application has been made under section 22(1) in respect of a vessel or vehicle which is liable to forfeiture, a court may, upon payment into court by way of security of a sum of money of such amount as the court thinks