Cap. 60activeordinance

Import and Export Ordinance

進出口條例

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
)