Page:Import and Export Ordinance 1970 (Cap. 60).pdf/20

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A366
Ord. No. 67/70
IMPORT AND EXPORT

PART VI.
Forfeiture.

Seized articles, etc. liable to forfeiture. 27. (1) There shall be liable to forfeiture—

(a) any article which has been seized by a member of the Preventive Service or an authorized officer in connexion with the contravention of any provision of this Ordinance;
(b) any vessel not exceeding two hundred and fifty gross tons and any vehicle so seized and used in connexion with the contravention of any provision of this Ordinance,

whether or not any person has been convicted of an offence in respect of such contravention.

(2) The Director may, at any time before serving notice under subsection (3), restore any article (other than an article referred to in the Schedule.Schedule) 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 provisions of this section and sections 28, 29 and 30 shall cease to apply to the article, vessel or vehicle.

(3) Within twenty-one days after the seizure of any article, vessel or vehicle which appears to him to be liable to forfeiture under subsection (1), the Director shall serve notice of such seizure upon the owner of the article, vessel or vehicle:

Provided that if there is more than one owner of any such article, vessel or vehicle, it shall be sufficient for the purposes of this subsection to give notice to one such owner.

(4) A notice given under subsection (3) 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 Director; or
(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited at the Commerce and Industry Department, in a place to which the public have access, for a period of not less than seven days commencing within twenty-one days from the date of the seizure of the article, vessel or vehicle.

(5) Where a notice has been served under subsection (3) in respect of any article, vessel or vehicle seized under this Ordinance any person—

(a) who is the owner thereof or the authorized agent of the owner; or