Full legislation
s.13
Claim and disposal of prohibited articles found without owner
(1)
The Commissioner or any authorized officer may order that any prohibited
article which is found without an apparent owner shall be stored in a place
specified by him subject to such conditions as he may impose.
(2)
Any person who, being in possession of a prohibited article which is found
without an apparent owner, fails to comply with an order given by the Commissioner
or an authorized officer under subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine
at
level 3 and to imprisonment for 6 months.
(Amended
E.R. 2 of 2021
)
(3)
Where a prohibited article is stored in a specified place pursuant to an order
given under subsection (1), the Commissioner or an authorized officer shall, within
the period of 72 hours after the prohibited article has been stored in that place,
cause a notice to be exhibited at the Customs and Excise Department in a place to
which the public have
access—
(a)
stating that the prohibited article has been stored in that
place;
(b)
calling upon the owner of the prohibited article to submit to the
Commissioner a claim in respect of it within 30 days; and
(c)
stating his intention to apply to a magistrate at the expiration of 30 days
from the date of the notice for an order that the prohibited article be
forfeited to the Government.
(Amended
66 of 2000 s. 3
)
(4)
When a claim to ownership of a prohibited article is submitted to the
Commissioner pursuant to a notice given under subsection (3), the person who has
made a claim shall produce to the Commissioner or an authorized officer such
evidence as to his ownership as may be required by the Commissioner or authorized
officer.
(Amended
62 of 1993 s. 5
)
(5)
Without prejudice to any provision of this Ordinance relating to the seizure of
any article which is liable to forfeiture, the Commissioner or an authorized officer
may, if he is satisfied of the validity of a claim made under subsection (4),
authorize in writing the person who has made a claim to remove the prohibited
article from the place in which it was stored, subject to the prior payment by the
person who has made a claim of all storage and other charges which have accrued in
respect of the storage of the article in the specified place.
(Amended
62 of 1993 s. 5
)
(6)
A magistrate shall, if satisfied that the provisions of this section have been
complied with and that no claim to ownership has been established, on the
application of the Commissioner or an authorized officer, order that a prohibited
article be forfeited to the Government.
(Amended
66 of 2000 s. 3
)