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which the court has found to be controlled by the
convicted person, to an amount or value not exceeding
the amount or value of assets the acquisition of which
has not been explained. Where the assets are held by
a person other than the person convicted, then that
other person must be given reasonable notice that an
order is sought, and an opportunity to show cause why it
should not be made. A confiscation order and a monetary
penalty under section 12(3) cannot be imposed in respect
of the same assets.
:
4. Clause 4 also increases the maximum fines in
respect of the most serious offences.
5. Clause 5 makes minor amendments to section 13
of the Ordinance, first to ensure that where an
investigating officer may require the production of
documents and articles, they may be copied or photographed
as appropriate and secondly to remove doubts about the
scope of an authorization under that section.
6.
Clause 6 amends section 14, dealing with the
powers of the Commissioner to obtain information in the
course of an investigation. Under section 14(1) a
suspect, or another person, may be required by written
notice to give a written statement listing his assets.
The amount of detail to be given depends on whether the
statement is required from a suspect or from another
person, but in neither case it is presently required
to state from whom the property was acquired, and in one
: