Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/24

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CHEMICAL WEAPONS (CONVENTION)
ORDINANCE

Ord. No. 26 of 2003
A1063


(b) any vessel or vehicle so seized which has been used in connection with, or is the subject of, an offence under this Ordinance, whether or not any person has been convicted of the offence; or
(c) any article to which section 17(6) applies and which the Commissioner believes to be an article mentioned in paragraph (a) of the definition of “controlled article” in section 17(7).

(2) The Commissioner may, within 30 days of the seizure of an article, vessel or vehicle, restore any article (other than a chemical weapon) 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 other provisions of this Part shall cease to apply to the article, vessel or vehicle.

(3) The Commissioner shall, not later than 30 days beginning on the date of the seizure of an article, vessel or vehicle, serve a notice of the seizure—

(a) on a person who was to the knowledge of the Commissioner at the time of, or immediately after, seizure, an owner of the article, vessel or vehicle; and
(b) specifying—
(i) the reasons for the seizure;
(ii) that the article, vessel or vehicle is liable to forfeiture if—
(A) in the case of the article, the ground stated in subsection (1)(a) is applicable to the article;
(B) in the case of the vessel or vehicle, the ground stated in subsection (1)(b) is applicable to the vessel or vehicle;
(iii) that if no notice of claim in respect of the article, vessel or vehicle is given to the Commissioner under subsection (7), then the article, vessel or vehicle will be forfeited to the Government under subsection (12); and
(iv) that the Commissioner is required by section 16(5) to restore the article, vessel or vehicle to the person who appears to him to be the owner thereof or the authorized agent of the owner as soon as is reasonably practicable after the article, vessel or vehicle—
(A) is not, or is no longer, required for the purposes of any investigation or criminal proceedings under this Ordinance or any other enactment; and
(B) is not liable to forfeiture under this Ordinance or any other enactment,

and the notice shall be accompanied by copies of section 16(5) and this section.

(4) Subsection (3) shall not apply in relation to an owner who does not have a permanent address in Hong Kong at the time of seizure.