Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 89

Forfeiture of dangerous goods

(1) Where any dangerous goods-

   (a)  have been sent or carried, or attempted to be sent or carried, on
        board any ship without-

        (i)    being marked in accordance with section 87(1)(a); or

        (ii)   a notice having been given in accordance with section 87(1)(b);

   (b)  have been sent or carried, or attempted to be sent or carried-

        (i)    under a false description; or

        (ii)   with the name of the sender or carrier falsely declared, a
               magistrate or court may order that the dangerous goods be
               forfeited to the Crown and thereafter disposed of in such
               manner as he thinks fit.

(2) A magistrate or court may make an order under subsection (1)
notwithstanding that-

   (a)  the owner of the dangerous goods-

        (i)    may not have committed an offence under section 87 in respect
               of the dangerous goods; or

        (ii)   may not be before the magistrate or court and may not have
               notice of the proceedings; or

   (b)  there may be no evidence before the magistrate or court in respect of
        the ownership of the dangerous goods: Provided that the magistrate or
        court may require notice of such proceedings to be given to the owner
        or shipper of the dangerous goods before making an order for their
        forfeiture and disposal.