Power to release seized vessels and vehicles prior to the hearing. 29. (1) Where an application has been made under section 28 in respect of a vessel or vehicle which is liable to forfeiture, a magistrate may, upon payment into court by way of security seized vessel or vehicle, as assessed by the Director or an of a sum of money not less in amount than the value of the authorized officer, 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 Director before the date of hearing of the application.
(2) If—
- (a) a magistrate 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 Director before the date of the hearing under section 28,
the magistrate hearing the application may, in lieu of ordering under subsection (6) or (7) of section 28 that the vessel or vehicle be forfeited to the Crown, order that the money paid into court under subsection (1) of this section be forfeited to the Crown or returned to the person who paid it into court.
Claims for the return of forfeited articles, etc. 30. (1) The owner of any article, vessel or vehicle forfeited to the Crown under this Ordinance, or the authorized agent of the owner, may, within six weeks after—
- (a) the article, vessel or vehicle has been forfeited to the Crown under subsection (6) of section 27 or has been forfeited to the Crown by order of a magistrate under subsection (6) or (7) of section 28; or
- (b) the determination of any appeal against an order for forfeiture of the article, vessel or vehicle made by a magistrate under subsection (6) or (7) of section 28,
give notice in writing to the Director of his intention to submit to the Governor a moral claim in respect of the forfeited article, vessel or vehicle.
(2) Where the owner of any forfeited article, vessel or vehicle or his authorized agent has given notice in writing to the Director under subsection (1) and has submitted a moral claim to the Governor by lodging it in triplicate with the Colonial Secretary within one month from the date of such notice, the Governor after considering the claim may—
- (a) order the return of the forfeited article, vessel or vehicle to the claimant; or
- (b) direct that the claim be referred to the Governor in Council.
