Cap. 37 Art. 68Vessels, vehicles, etc., made use of in the importation, etc., of uncustomed goods to be forfeited.

(1) All ships, vehicles, other means of transport and anything that may contain any other objects, together with horses or animals and other objects that have been knowingly used in the importation, disembarkation, in discarding, retaining, concealing, or transporting any objects whose duty is not paid or other objects which are, under this Ordinance, liable to forfeiture, shall be forfeited:

Provided that no vessel shall be liable to forfeiture by the application of this article, if that vessel is not less than two hundred and fifty (250) tons burden.

(2) (a) With regard to any vessels of two hundred and fifty

(250) tons burden or more, the Commissioner, in any case in which, in his opinion, any responsible officer of such vessel is, by act or negligence, involved in the act, may proceed to take proceedings in the manner prescribed by article 66, and without prejudice to any appeal as mentioned in that article, for the condemnation of the said vessel of that sum mentioned in paragraph (b). For this purpose, the Commissioner may request, in the case of any vessel mentioned in this sub-article, that this sum be placed in his hands as a precaution against the decision that the court shall give, and in case of failure to pay this deposit, the Commissioner may detain such vessel.

(b) The sum referred to in paragraph (a) shall be:

(i) half a million euro (€500,000) for vessels of between two hundred and fifty (250) and nine thousand, nine hundred and ninety-nine (9,999) tons burden;

(ii) six hundred thousand euro (€600,000) for vessels of between ten thousand (10,000) and nineteen thousand, nine hundred and ninety-nine (19,999) tons burden;

(iii) seven hundred thousand euro (€700,000) for vessels of between twenty thousand (20,000) and twenty-nine thousand, nine hundred and ninety-nine (29,999) tons burden;

(iv) eight hundred thousand euro (€800,000) for vessels of between thirty thousand (30,000) and thirty-nine thousand, nine hundred and ninety-nine (39,999) tons burden;

(v) nine hundred thousand euro (€900,000) for vessels of between forty thousand (40,000) and forty-nine thousand, nine hundred and ninety-nine (49,999) tons burden;

(vi) one million euro (€1,000,000) for vessels of between fifty thousand (50,000) and fifty-nine thousand, nine hundred and ninety-nine (59,999) tons burden;

(vii) one million, one hundred thousand euro (€1,100,000) for vessels of between sixty thousand (60,000) and sixty-nine thousand, nine hundred and ninety-nine (69,999) tons burden;

(viii) one million, two hundred thousand euro (€1,200,000) for vessels of between seventy thousand (70,000) and seventy-nine thousand, nine hundred and ninety-nine (79,999) tons burden; or

(ix) one million, three hundred thousand euro (€1,300,000) for vessels of eighty thousand (80,000) tons burden or more.

(3) There shall be no right of action against the Commissioner for damages caused by the payment of the deposit or by the retention of any vessel, vehicle, any other means of conveyance, anything that may keep in it other goods, horses, animals and any other goods which have been knowingly used in the importation, landing, discarding, keeping, concealment, or in the carriage of any goods on which the duty is not paid or other items that are, under this Ordinance, subject to forfeiture.

(4) The expression "responsible officer" in this article means and includes the master, mates and engineers of any vessel, and, in the case of a vessel carrying a passenger certificate, the purser or chief steward.

(5) The expression "neglect" includes cases where goods unowned by any of the crew are discovered in a place or places in which they could not reasonably have been put if the responsible officers having supervision of such place or places had exercised proper care, at the time of the loading of the ship or subsequently.

(6) The expression "burden" shall mean net registered tonnage.