Full legislation
s.41
Articles not dealt with under this Ordinance before commencement of Import and Export (Amendment) Ordinance 1993
(1)
Where any article, vessel or vehicle has
been seized under this Ordinance before the
commencement* of the Import and Export (Amendment)
Ordinance 1993 (
62 of
1993
)
and—
(a)
the Commissioner is unable to restore the
article, vessel or vehicle to the owner
as—
(i)
the owner cannot be found; or
(ii)
the owner does not have an address in
Hong Kong to which the article, vessel or vehicle
can be restored;
(b)
a summons issued under this Ordinance has
not been served on a claimant as the Commissioner
has insufficient information to arrange service of
the summons in Hong Kong; or
(c)
a magistrate has ordered the delivery of
the article, vessel or vehicle to a person who
cannot be found or who refuses to accept the
article, vessel or vehicle,
the Commissioner may within a period of 6
months beginning on the commencement date, publish
in the Gazette, a notice containing the
information as he considers necessary inviting any
person who has a claim to the article, vessel or
vehicle to give notice of claim to the
Commissioner within a period specified in the
notice.
(2)
Where notice is given to the Commissioner
under subsection (1),
section 28
as
amended by the Import and Export (Amendment)
Ordinance 1993 (
62 of
1993
) shall apply to the notice of claim as
if it were a claim under
section
27(5)
.
(3)
If no notice of claim is given to the
Commissioner within the period specified in the
notice in the Gazette, the article, vessel or
vehicle shall be forfeited to the
Government.
(Amended
66 of 2000 s. 3
)