CHEMICAL WEAPONS (CONVENTION)
ORDINANCE
fit in all the circumstances of the case, order that the vessel or vehicle be delivered to the claimant thereof upon the condition that the vessel or vehicle be re-delivered into the custody of the Commissioner before the date of hearing of the application.
(2) If—
- (a) a court has ordered under subsection (1) that a seized vessel or vehicle be delivered to the claimant thereof; and
- (b) the vessel or vehicle is not delivered into the custody of the Commissioner before the date of the hearing of the application,
the court hearing the application may, in lieu of ordering under section 22(9) or (10) that the vessel or vehicle be forfeited to the Government, order that the money paid into court under subsection (1) be forfeited to the Government or returned to the person who paid it into court.
(3) A claimant who applies for the release of a vessel or vehicle shall prior to the release of the vessel or vehicle pay to the Commissioner the reasonable cost of assessing the value of the vessel or vehicle as the court orders.
24. Power to dispose, etc., of perishables, etc.
(1) If an article liable to forfeiture under section 21(1) is, in the opinion of the Commissioner, of a perishable nature or of such a nature that it is difficult to store or is likely to deteriorate before the conclusion of any proceedings relating to it, the Commissioner may—
- (a) release the article to the owner or a person entitled to make a claim upon payment by way of security to the Commissioner of an amount of money of not less than the value of the seized article as assessed by the Commissioner or an authorized officer;
- (b) for a perishable article, order that the article—
- (i) be sold and the proceeds of the sale be retained by the Commissioner; or
- (ii) be destroyed; or
- (c) for an article that is difficult to store or an article that is likely to deteriorate before the conclusion of any proceedings relating to it, apply to a magistrate, the District Court or the Court of First Instance for an order that the article be sold and the proceeds of the sale be retained by the Commissioner.
(2) The court to which an application has been made under subsection (1)(c) shall not make an order under that subsection unless it is satisfied that—
- (a) in the case where the application is made before the expiry of the period for making a claim under section 21(7), the persons referred to in section 21(3), (4) and (5) have been given notice of the application for an order to sell the article; or
