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[接上页] (b) the claim shall be submitted within the period and at the place specified in the notice.(2) If a claim is submitted to the Director for the release of a vessel that is the subject of a notice served under section 16(6) or for the release of any property on board the vessel, and if the Director is satisfied that the claim is submitted in accordance with the requirements set out in subsection (1) and that the action specified in the notice under section 16(8)(g) in respect of the vessel or the property in question, as the case may be, has been carried out, then the Director shall release the vessel or the property in question, as the case may be, to the claimant. Cap 548A s 18 Sale of detained vessels, etc. Remarks: not yet in operation (1) If a vessel that is the subject of a notice served under section 16(6) is not released pursuant to section 17(2), the Director may sell the vessel by public auction or otherwise as he thinks fit. (2) The proceeds of sale of a vessel sold under subsection (1), after deducting all expenses incurred as a result of or in connection with the seizure, removal, detention and sale of the vessel, shall be paid to the owner of the vessel if he claims them within 1 year after the date of the sale, or forfeited to the Government if the owner of the vessel does not claim them within that period. (3) A vessel that the Director is unable to sell under subsection (1) may be destroyed or otherwise disposed of as the Director thinks fit. (4) If any property on board a vessel that is the subject of a notice served under section 16(6) is not released pursuant to section 17(2), such property shall become the property of the Government free from the rights of any person and may be disposed of by the Director as he thinks fit. Cap 548A s 19 Appeals Remarks: not yet in operation (1) Any person aggrieved by a decision of the Director- (a) to specify any condition in a licence under section 3(5); (b) to make any amendment or addition to the conditions specified in a licence under section 3(6); (c) to refuse to renew a licence under section 4(3)(b); (d) to refuse to transfer a licence under section 7(4)(b); (e) to cancel a licence under section 8; (f) to refuse to permit the replacement of a vessel under section 13; (g) to specify any action required to secure the release of a vessel or any property on board the vessel under section 16(9); or (h) to refuse to release a vessel or any property on board the vessel under section 17(2),may, within 14 days after the day on which he is informed of the decision, appeal to the Administrative Appeals Board against the decision. (2) If a decision referred to in paragraph (a), (b), (c), (d), (e) or (f) of subsection (1) is appealed against under that subsection, the decision concerned shall be suspended in its operation from the day on which notice of the appeal is lodged until the appeal is disposed of, withdrawn or abandoned, unless such suspension would, in the opinion of the Director, be contrary to the public interest and the notice of that decision contains a statement to that effect. (3) If a decision referred to in paragraph (g) of subsection (1) is appealed against under that subsection, then, as against the person making the appeal- (a) the period within which a claim may be submitted to the Director for the release of the vessel concerned or any property on board that vessel, specified in the notice served in respect of that vessel under section 16(6), shall not begin to run until the appeal is disposed of, withdrawn or abandoned; and (b) the notice shall otherwise have effect subject to the outcome of the appeal.(4) If a decision referred to in paragraph (h) of subsection (1) is appealed against under that subsection, the decision concerned shall be suspended in its operation from the day on which notice of the appeal is lodged until the appeal is disposed of, withdrawn or abandoned. Cap 548A s 20 Amendment of Schedules Remarks: not yet in operation The Director may, by notice published in the Gazette, amend either or both of the Schedules. Cap 548A Sched 1 CLOSED AREAS Remarks: not yet in operation [sections 2 & 20] All waters of Hong Kong except Causeway Bay Typhoon Shelter and Cheung Chau Typhoon Shelter. Cap 548A Sched 2 PRESCRIBED AREAS Remarks: not yet in operation [sections 2 & 20] Causeway Bay Typhoon Shelter Cheung Chau Typhoon Shelter |