imposed and was not subject to appeal, the court would have power to appoint a receiver for the purpose of realising any property available in respect of the offender. Provision would, however, be made to protect the interests of third parties who had previously acquired an interest in the defendant's property for full value.
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In default of payment of the confiscation order the court would, in addition to any term
term of imprisonment imposed for the drug
drug trafficking offence, have power to 1трове a further term of imprisonment on а sliding scale up to ten years according to the amount in default.
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*
The court would have power to reduce the amount of the confiscation order as it thinks just if the
just if the defendant's available property was insufficient to pay the amount of the confiscation order.
This provision is considered
considered necessary since the value of
property may fluctuate significantly between the time of the confiscation order and the actual realisation of the property.
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make:
(a)
(b)
Under the United Kingdom legislation, the court may
restraining orders prohibiting the transfer ΟΙ disposal of the defendant's available property; and
charging orders on the defendant's property to secure payment under the confiscation order.
These orders may be issued before proceedings are instituted, if the court is satisfied that there is reasonable cause to believe that a person has committed and
committed and benefited from drug trafficking offences. It is considered that in the case of Hong Kong, this power to issue a restraining or charging order at the investigative stage, before proceedings have been instituted, is essential to pre-empt the suspect from rapidly divesting himself of his assets. Indeed, under the Prevention of Bribery Ordinance (Chapter
(Chapter 201) the Commissioner of the Independent Commission Against Corruption may by written notice to a suspected person, direct that he shall not dispose of any property specified in the notice without his consent. Any person aggrieved by the refusal of the Commissioner to give consent may apply to the court for a reversal of the Commissioner's decision. It is proposed that in Hong Kong similar powers should be vested in the Commissioner of Police and the Commissioner of Customs & Excise in cases relating to certain serious drug offences to whi h confiscation orders would apply.