HONG KONG LEGISLATIVE COUNCIL
香港立法局。 -一九八九年七月十二日
12 July 1989
72
Proposed amendment
Clause 12
That clause 12 be further amended
(a) in subclause (1) (c) by deleting "" and substituting ""; and
(b) in subclause (3) (b) by deleting "".
Question on the amendment proposed, put and agreed to.
Question on clause 12, as amended, proposed, put and agreed to.
Clauses 17 and 27
SECRETARY FOR SECURITY: Sir, I move that clauses 17 and 27 be amended as set out under my name in the paper circulated to Members.
The amendment to clause 17 is to delete superfluous words. Clauses 13 and 18 provide for the payment of the liquidator's expenses.
The amendments to clause 27 follow similar amendments to the United Kingdom 1986 Drug Trafficking Offences Act. The first part of the amendment in paragraph (a) extends the court's decision to award compensation where a conviction is subsequently quashed. It is considered that a person should be allowed to apply for compensation irrespective of whether or not conviction for any other drug trafficking offence is substituted. The second part of the amendment clarifies the nature of the court's discretion. That is, the court may order compensation if, having regard to all the circumstances, it considers it appropriate to make such an order.
Paragraphs (b) and (c) amend subclause (2). This will extend the circumstances under which compensation may be awarded by:
(a) removing the requirement that the claimant must satisfy the court that the default in the investigation or prosecution was responsible for the investigation or prosecution being instituted or continuing; and
(b) removing the requirement that the claimant's loss must be "substantial".