Page:Import and Export Ordinance 1970 (Cap. 60).pdf/22

A368

(6) Upon the hearing of an application under this section a magistrate shall order that the article, vessel or vehicle, as the case may be, be forfeited to the Crown—
 * (a) in the case where—
 * (i) the person who appears in answer to the summons fails to satisfy the magistrate that he was, or would have been, entitled to make a claim under subsection (5) of section 27 in respect of the seized article, vessel or vehicle; and
 * (ii) no other person appears before the magistrate and satisfies him that he was, or would have been entitled to make such claim; and
 * (iii) the magistrate is satisfied that the article, vessel or vehicle is liable to forfeiture; or
 * (b) in the case where the magistrate is satisfied that the article—
 * (i) is liable to forfeiture; and
 * (ii) is such an article as is referred to in the Schedule.

(7) Upon the hearing of the application under this section, in any case other than a case referred to in paragraph (a) or (b) of subsection (6) a magistrate may, if he is satisfied—
 * (a) that a person is, or would have been, entitled to make a claim under subsection (5) of section 27 in respect of the seized article, vessel or vehicle; and
 * (b) that the article (not being such an article as is referred to in the Schedule), vessel or vehicle is liable to forfeiture, order that the article, vessel or vehicle—
 * (i) be forfeited to the Crown;
 * (ii) be delivered to the owner thereof or the authorized agent of the owner subject to any condition which he may specify in the order; or
 * (iii) be disposed of in such manner and subject to any such condition as he may specify in the order.

(8) Upon the hearing of the application—
 * (a) a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the contravention of any provision of this Ordinance shall be admissible in evidence; and
 * (b) a certificate, purporting to be issued under the hand of the Director of Marine, certifying the gross tonnage of any vessel shall, upon production of the certificate and without proof of the signature thereon, be admissible as prima facie evidence of the facts stated therein.