Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 21

Seized articles liable to forfeiture, etc.

PART 6

FORFEITURE

(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 connection with an
        offence under this Ordinance, whether or not any person has been
        convicted of the offence;

   (b)  any vessel or vehicle so seized which has been used in connection
        with, or is the subject of, an offence under this Ordinance, whether
        or not any person has been convicted of the offence; or

   (c)  any article to which section 17(6) applies and which the Commissioner
        believes to be an article mentioned in paragraph (a) of the
definition of "controlled article" in section 17(7).

(2) The Commissioner may, within 30 days of the seizure of an article, vessel
or vehicle, restore any article (other than a chemical weapon) 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 the other provisions of this Part shall cease to apply to the
article, vessel or vehicle.

(3) The Commissioner shall, not later than 30 days beginning on the date of
the seizure of an article, vessel or vehicle, serve a notice of the seizure—

   (a)  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; and

   (b)  specifying—

        (i)    the reasons for the seizure;

        (ii)   that the article, vessel or vehicle is liable to forfeiture
               if— (A) in the case of the article, the ground stated in
               subsection

(1)(a) is applicable to the article; (B) in the case of the vessel or vehicle,
the ground stated in subsection (1)(b) is applicable to the vessel or vehicle;

        (iii)  that if no notice of claim in respect of the article, vessel or
               vehicle is given to the Commissioner under subsection (7), then
               the article, vessel or vehicle will be forfeited to the
               Government under subsection (12); and

        (iv)   that the Commissioner is required by section 16(5) to restore
               the article, vessel or vehicle to the person who appears to him
               to be the owner thereof or the authorized agent of the owner as
               soon as is reasonably practicable after the article, vessel or
               vehicle— (A) is not, or is no longer, required for the
               purposes of any investigation or criminal proceedings under
               this Ordinance or any other enactment; and (B) is not liable to
               forfeiture under this Ordinance or any other enactment, and the
               notice shall be accompanied by copies of section 16(5) and this
               section.

(4) Subsection (3) shall not apply in relation to an owner who does not have a
permanent address in Hong Kong at the time of seizure.

(5) 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.

(6) Subject to subsection (13), a notice given under subsection (3) or (5)
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.

(7) 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, where notice under
subsection (3) or (5) is—

   (a)  served by delivery to the person to be served, on the date of service;

   (b)  sent by registered post, on the third day after the date of posting;
        or

   (c)  exhibited as described in subsection (6)(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.

(8) Where a claimant does not have a permanent address in Hong Kong, the
notice to the Commissioner under subsection (7) 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.

(9) If a notice referred to in subsection (8) 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.

(10) Service of process in relation to forfeiture under this Ordinance at an
address given under subsection (7) or on a solicitor nominated under
subsection (8), shall be good service on the claimant.

(11) A claimant may withdraw a notice of a claim at any time in writing to the
Commissioner.

(12) If, on the date of expiration of the appropriate period of time specified
in subsection (7) for the giving of a notice of claim, under that subsection,
no such notice has been given in writing to the Commissioner, then the
article, vessel or vehicle—

   (a)  shall be forfeited forthwith to the Government; and

   (b)  may be disposed of, whether by destruction or otherwise, as the
        Commissioner thinks fit.

(13) Where—

   (a)  an article is liable to forfeiture by virtue of subsection

(1)(c); and

   (b)  subsection (3) does not apply in the case of the article because the
        Commissioner does not know who is the owner of the article, then the
        Commissioner shall, notwithstanding that subsection (3) does not
        apply, cause subsection (6)(c) to be complied with in respect of the
        article—

   (c)  as if subsection (3) did apply; and

   (d)  with such modifications to the notice concerned as are necessary to
        take account of that lack of knowledge, and the other provisions of
        this section and Part shall apply accordingly.

(14) It is hereby declared that nothing in this section shall prevent the
Commissioner from restoring any article (other than a chemical weapon),
vehicle or vessel mentioned in subsection (2) to a person or agent mentioned
in that subsection—

   (a)  in response to a notice under subsection (7); and

   (b)  on or after the expiration of the 30 days mentioned in subsection (2).