Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/30

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CHEMICAL WEAPONS (CONVENTION)
ORDINANCE

Ord. No. 26 of 2003
A1075


(b) in case where the application is made after the expiry of the period referred to in paragraph (a), the persons who have given notice to the Commissioner have been given notice of the application for an order to sell the article.

(3) Where an application is made under section 22(1) with respect to an article which is liable to forfeiture under section 21(1), the court may, in lieu of ordering under section 22(9) or (10) that the article be forfeited to the Government or be delivered to the claimant, order that the money paid to the Commissioner as security under subsection (1)(a) or retained by the Commissioner under subsection (1)(b) or (c), be forfeited to the Government or paid to the person giving the security or the claimant.

(4) If an article liable to forfeiture under section 21(1) is, in the reasonable opinion of the Commissioner, a chemical weapon which poses an immediate threat to the health or safety of the public, the Commissioner may order that the article be destroyed or otherwise disposed of in such a manner that the article ceases to be such a threat.

25. Stay of order on appeal

(1) Subject to subsection (2), an order by a court for the delivery of an article, vessel or vehicle to a claimant shall be stayed if the Commissioner or the Secretary for Justice lodges an appeal against the order to deliver the article, vessel or vehicle or an application by way of case stated in relation to the order of the court until those proceedings are dealt with by the higher court.

(2) The Commissioner may, notwithstanding subsection (1), consent to the delivery of the article, vessel or vehicle.

PART 7
International Inspections

26. Inspections : Interpretation

For the purposes of this Part—

(a) the verification annex is the annex on implementation and verification to the Convention;
(b) a routine inspection is an inspection conducted pursuant to Parts II to IX of that annex;
(c) a challenge inspection is an inspection conducted pursuant to Parts II and X of that annex;