- (b) who was in possession of the article, vessel or vehicle when it was seized,
(hereinafter referred to as the claimant) may, within thirty days after—
- (i) the date of the notice, if it was served under paragraph (a) or (b) of subsection (4); or
- (ii) the first day on which it was exhibited, if it was served under paragraph (c) of subsection (4),
give notice in writing to the Director that he claims that the article, vessel or vehicle is not liable to forfeiture.
(6) If, on the date of expiration of the appropriate period of time specified in subsection (5) for the giving of a notice of claim, under that subsection, no such notice has been given in writing to the Director the article, vessel or vehicle in respect of which notice was given under subsection (3) shall be forfeited forthwith to the Crown.
Determination by magistrate of applications for forfeiture. 28. (1) When a notice of claim is given under subsection (5) of section 27, the Director or an authorized officer shall apply to a magistrate for the forfeiture of the article, vessel or vehicle and shall state in the application the name and address of the claimant as specified in the notice of the claim.
(2) When any such application is made to a magistrate, the magistrate shall issue a summons to the claimant, requiring him to appear before a magistrate upon the hearing of the application, and shall cause a copy of such summons to be served upon the Director.
(3) If, at the time and place appointed in a summons issued under subsection (2), the claimant or some other person who, though not the claimant, was, or would have been, entitled to make a claim under subsection (5) of section 27, appears before a magistrate, the magistrate shall hear the application.
(4) If, at such time and place, neither the claimant nor any other person who, though not the claimant, was, or would have been, entitled to make a claim under subsection (5) of section 27, appears before a magistrate and the magistrate is satisfied that the summons was duly served, the magistrate shall hear the application.
(5) Subject to the provisions of this Ordinance, an application under this section shall be deemed to be a complaint for the purposes of section 8 of the (Cap. 227.)Magistrates Ordinance.
