Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 37H

Compensation for seizure of ship or property

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) Where any ship or other property is seized under this Part and
subsequently released to the owner, whether on the order of a court or
otherwise, the owner or person in lawful possession may within 6 months of
such release apply to the District Court or the Court of First Instance for
compensation for any loss arising out of the seizure, which shall be
recoverable as a civil debt due from the Government, and such application may
be begun by motion. (Amended 25 of 1998 s. 2)

(2) An award of compensation under subsection (1) shall be an award of such
sum, if any, as is just and equitable in all the circumstances of the case,
including the conduct and comparative blameworthiness of-

   (a)  the owner of the ship or other property;

   (b)  the person in charge or control of the ship or other property at the
        time it was seized;

   (c)  the agents of the persons specified in paragraphs (a) and (b); and

   (d)  public officers and any other persons concerned.