Import and Export Ordinance

(1)
There shall be liable to
forfeiture—
(a)
any article which has been seized by a member of the Customs and Excise
                    Service or an authorized officer in connexion with the contravention of any
                    provision of this Ordinance;
(b)
any vessel not exceeding 250 gross tons and any vehicle so seized and which
                    has been used in connexion with, or is the subject of, the contravention of any
                    provision of this Ordinance,
(Amended
22 of 1991 s. 9
)
whether or not any person has been convicted of an offence in respect of such
                contravention.
(2)
The Commissioner may, within 30 days of the seizure of an article, vessel or
                vehicle, restore any article (other than an article referred to in
Schedule
                    1
) or any vessel or vehicle which is liable to forfeiture to the person
                who appears to him to be the owner thereof or the authorized agent of the owner; and
                upon such restoration
sections 28
,
29
,
29A
,
29B
and
30
shall cease to apply to the article, vessel or
                    vehicle.
(Amended
30 of 1995 s. 9
)
(3)
The Commissioner shall, subject to subsection (3A) and not later than 30 days
                beginning on the date of the seizure of an article, vessel or vehicle, serve notice
                of the seizure on a person who was to the knowledge of the Commissioner at the time
                of, or immediately after, seizure, an owner of the article, vessel or
                    vehicle.
(Replaced
62 of 1993 s. 8
)
(3A)
Subsection (3) shall not
apply—
(a)
if the article, vessel or vehicle was seized in the presence
of—
(i)
an owner, or an employee or agent of the owner, of the article, vessel
                        or vehicle;
(ii)
the person whose offence or suspected offence gave rise to the seizure;
                        or
(iii)
in the case of a vessel or vehicle, the master or person in charge;
                        or
(b)
in relation to an owner who does not have a permanent address in Hong Kong
                    at the time of seizure.
(Added
62 of 1993 s. 8
)
(3B)
Notwithstanding anything in subsection
(3A
)(
a)
, where the
                Commissioner believes that the article, vessel or vehicle is a stolen article,
                vessel or vehicle, he shall serve notice of the seizure within the period specified
                in subsection (3), on a person whom he believed at the time of, or immediately
                after, seizure, to be an owner of the article, vessel or vehicle.
(Added
62 of 1993 s. 8
)
(4)
A notice given under subsection (3) or (3B) shall be deemed to have been duly
                served
if—
(a)
it is delivered to the person on whom it is to be served;
(b)
it is sent by registered post addressed to such person at the place of
                    residence or business of such person, if any, known to the Commissioner;
                    or
(c)
where it cannot be served in accordance with paragraph (a) or (b), the
                    notice is exhibited at the Customs and Excise Department, in a place to which
                    the public have access, for a period of not less than 7 days commencing within
                    30 days from the date of the seizure of the article, vessel or
                    vehicle.
(5)
If an article, vessel or vehicle is liable to forfeiture under subsection (1),
                the owner or the authorized agent of the owner of the article, vessel or vehicle or
                a person who was in possession of the article, vessel or vehicle at the time of
                seizure, or a person who has a legal or equitable interest in the article, vessel or
                vehicle, may within 30 days
beginning—
(a)
on the date of the seizure; or
(b)
where notice under subsection (3) or (3B)
is—
(i)
served by delivery to the person to be served, on the date of
                        service;
(ii)
sent by registered post, 2 days after the date of posting; or
(iii)
exhibited as describe in subsection
(4
)(
c)
, on the first day
                        it is so exhibited,
give notice in writing to the Commissioner claiming that the article, vessel
                or vehicle is not liable to forfeiture and of his full name and address for service
                in Hong Kong.
(Replaced
62 of 1993 s. 8
)
(5A)
Where a claimant does not have a permanent address in Hong Kong, the notice to
                the Commissioner under subsection (5) shall nominate a solicitor qualified to
                practise under the Legal Practitioners Ordinance (
Cap.
                    159
), by including the name and address of the solicitor, who is
                authorized to accept service on his behalf in relation to any forfeiture
                    proceedings.
(Added
62 of 1993 s. 8
)
(5B)
If a notice referred to in subsection (5A) does not include the name and
                address of a solicitor as required under that subsection, it shall be regarded as if
                no notice had been given.
(Added
62 of 1993 s. 8
)
(5C)
Service of process in relation to forfeiture under this Ordinance at an address
                given under subsection (5) or on a solicitor nominated under subsection (5A), shall
                be good service on the claimant.
(Added
62 of 1993 s. 8
. Amended
1 of 1994 s. 10
)
(5D)
A claimant may withdraw a notice of a claim at any time in writing to the
                    Commissioner.
(Added
62 of 1993 s. 8
)
(6)
If, on the date of expiration of the appropriate period of time specified in
                subsection (5) for the giving of a notice of claim, under that subsection, no such
                notice has been given in writing to the Commissioner the article, vessel or vehicle
                shall be forfeited forthwith to the Government.
(Amended
66 of 2000 s. 3
)