HONG KONG LEGISLATIVE COUNCIL

12 July 1989

香港立法局

一九八九年七月十二日

66

Question on the amendments proposed, put and agreed to.

Question on clauses 6, 21 and 23, as amended, proposed, put and agreed to.

Clause 8

MR. PETER WONG: Sir, I move that clause 8 be amended as set out in the paper circulated to Members.

In clause 8(3), the proposed inclusion of a new clause (3A) aims to specify that the term of imprisonment fixed in respect of a confiscation order shall not begin to run until after the end of the term of imprisonment the defendant has served in respect of the offence or offences concerned. It further specifies that consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

Sir, with these remarks, I beg to move.

Proposed amendment

Clause 8

That clause 8 be amended

(a) in subclause (1) —

(i) in paragraph (a) by deleting "undergo" and substituting "serve";

(ii) in paragraph (b) by adding "(1), (3), (4), (5), (6) and (7)" after "section 114" where it first occurs;

(b) in subclause (2) by deleting "periods" in both places where it occurs and

substituting, in each case, "terms";

(c) by adding after subclause (3)

"(3A) Where the defendant

(a) becomes liable to serve a term of imprisonment fixed

under this section in respect of a confiscation order; and

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