20
(ii) any term of imprisonment fixed under section 114(1) of the Criminal Procedure Ordinance (Cap. 221) for which the defendant has not at that time been committed.
(6) Section 109A of the Criminal Procedure Ordinance (Cap. 221) shall not apply in relation to fixing a term of imprisonment under this section.
Cases in which restraint orders and charging orders may be made
9.
(1) The powers conferred on the High Court by sections 10(1) and 11(1) are exercisable where-
(a) proceedings have been instituted in Hong Kong against the defendant for a
drug trafficking offence;
(b) the proceedings have not been concluded; and
(c) the High Court is satisfied that there is reasonable cause to believe that the
defendant has benefited from drug trafficking.
(2) Those powers are also exercisable where the High Court is satisfied-
(a) that whether by the laying of an information or otherwise, a person is to be
charged in Hong Kong with a drug trafficking offence; and
(b) that there is reasonable cause to believe that he has benefited from drug
trafficking.
(3) For the purposes of sections 10 and 11, in relation to the exercise of those powers at any time before proceedings have been instituted—
(a) references in this Ordinance to the defendant shall be construed as references to
the person referred to in subsection (2)(a);
(b) references in this Ordinance to the prosecutor shall be construed as references to the person who the High Court is satisfied is to have the conduct of the case for the prosecution in the proposed proceedings; and
(c) references in this Ordinance to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (2)(a) for a drug trafficking offence.
(4) Where the High Court has made an order under section 10(1) or 11(1) by virtue of subsection (2), the High Court shall discharge the order if proceedings in respect of the offence are not instituted within such time as the High Court considers reasonable.
Restraint orders
10. (1) The High Court may by order (in this Ordinance referred to as a "restraint order") prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
(2) A restraint order may apply-
(a) to all realisable property held by a specified person, whether the property is
described in the order or not; and
(b) to realisable property held by a specified person, being property transferred to
him after the making of the order.
(3) This section shall not have effect in relation to any property for the time being subject to a charge under section 11.