【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第3页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] Cap 281 s 34B Determination of applications for forfeiture (1) Where a notice of claim is given under section 34A(5), the Director shall apply to a magistrate for the forfeiture of the ship and shall state in the application the name and address of the claimant as specified in the notice of claim. (2) When any such application is made to a magistrate, the magistrate shall issue a summons in the prescribed form to the claimant, requiring him to appear before a magistrate on the hearing of the application, and shall cause a copy of the summons to be served on the Director. (3) If, on the hearing of an application under this section- (a) neither the claimant nor any other person appears before the magistrate to make a claim and the magistrate is satisfied that the summons was duly served; or (b) neither the claimant nor any other person satisfies the magistrate that he has a claim,and the magistrate is satisfied that the ship is liable to forfeiture, the magistrate shall order that the ship be forfeited to the Crown. (4) If, on the hearing of an application under this section- (a) a person satisfies the magistrate that he has a claim; and (b) the magistrate is satisfied that the ship is liable to forfeiture,the magistrate may order that the ship be- (i) forfeited to the Crown; or (ii) delivered to the owner thereof or his agent.(5) If, on the hearing of an application under this section, the magistrate is not satisfied that the ship is liable to forfeiture, he shall order that it be delivered to the owner thereof or his agent. (6) On the hearing of an application under this section, a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the offence under section 38 of the Merchant Shipping (Safety) Ordinance (Cap 369) or section 90(1) of the Criminal Procedure Ordinance (Cap 221) shall be admissible in evidence. (Amended 63 of 1981 s. 124) (7) Subject to the provisions of this Ordinance, an application under this section shall be deemed for the purposes of the Magistrates Ordinance (Cap 227) to be a complaint to which section 8 of that Ordinance applies. (Added 1 of 1979 s. 3) Cap 281 s 34C Claims for return of forfeited ships (1) The owner of any ship forfeited to the Crown under section 34A or section 34B or his agent may within 6 weeks after- (a) the ship was forfeited to the Crown; or (b) the determination of any appeal against the order for its forfeiture,give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited ship. (2) Where the owner of a forfeited ship has given notice in writing to the Director under subsection (1) and has submitted a moral claim to the Governor by lodging it with the Chief Secretary within 1 month from the date of such notice, the Governor may- (a) order the return of the forfeited ship to the owner or his agent; or (b) direct that the claim be referred to the Governor in Council.(3) The Governor in Council, on considering a claim referred to him under subsection (2), may- (a) order the return of the forfeited ship to the owner or his agent; or (b) reject the claim. (Added 1 of 1979 s. 3) Cap 281 s 34D Expiry of sections 34A, 34B and 34C Sections 34A, 34B and 34C shall expire on 31 December 1985 unless the Legislative Council by resolution otherwise determines. (Added 1 of 1979 s. 3. Extended L.N. 286 of 1979; L.N. 316 of 1980; L.N. 374 of 1981; L.N. 393 of 1982; L.N. 369 of 1983; L.N. 383 of 1984) Cap 281 s 35 (Repealed-sections 35 to 50) PART VII (Repealed 44 of 1995 s. 143) Cap 281 s 50A Interpretation PART VIII MARINE COURTS AND COURTS OF SURVEY In this Part, unless the context otherwise requires- "certificate" (证书) and "certificate of competency" (合格证书) include a local certificate of competency issued under Part IV of the Shipping and Port Control Ordinance (Cap 313) and a licence within the meaning of section 2 of the Merchant Shipping (Seafarers) Ordinance (Cap 478); (Amended 36 of 1986 s. 8; 78 of 1990 s. 7; 44 of 1995 s. 143) "ship" (船、船舶) includes every description of vessel used in navigation. (Added 64 of 1980 s. 3) Cap 281 s 51 Preliminary inquiry Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Where a shipping casualty has occurred a preliminary inquiry may be held respecting the casualty by any person appointed for the purpose by the Director of Marine. (2) For the purpose of any such inquiry, the person holding the same shall have the powers given by section 115 of the Merchant Shipping (Safety) Ordinance (Cap 369). (3) After the conclusion of such inquiry the person holding the same shall forward a report thereof to the Chief Executive without delay and, in any event, not later than 1 month after such conclusion. (Added 44 of 1954 s. 2. Amended 64 of 1999 s. 3) [cf. 1894 c. 60 s. 465 U.K.] Cap 281 s 52 Chief Executive may appoint marine court; constitution, etc. |
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