HKLII Hong Kong Ordinances

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CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 23

Power to release seized vessels and vehicles prior to hearing

(1) Where an application has been made under section 22(1) in respect of a
vessel or vehicle which is liable to forfeiture, a court may, upon payment
into court by way of security of a sum of money of such amount as the court
thinks fit in all the circumstances of the case, order that the vessel or
vehicle be delivered to the claimant thereof upon the condition that the
vessel or vehicle be re-delivered into the custody of the Commissioner before
the date of hearing of the application.

(2) If—

   (a)  a court has ordered under subsection (1) that a seized vessel or
        vehicle be delivered to the claimant thereof; and

   (b)  the vessel or vehicle is not delivered into the custody of the
        Commissioner before the date of the hearing of the application, the
        court hearing the application may, in lieu of ordering under section 
        22 (9) or (10) that the vessel or vehicle be forfeited to the
        Government, order that the money paid into court under subsection (1)
        be forfeited to the Government or returned to the person who paid it
        into court.

(3) A claimant who applies for the release of a vessel or vehicle shall prior
to the release of the vessel or vehicle pay to the Commissioner the reasonable
cost of assessing the value of the vessel or vehicle as the court orders.



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