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(4) Without prejudice to subsection (1), where-
(a) a disclosure is made by any person in accordance with section 25(3) in relation
to any property;
(b) in consequence of the disclosure and for the purposes of an investigation or prosecution in respect of a drug trafficking offence or offences any act is done or omitted to be done in relation to that property; and
(c) no proceedings are instituted against any person in respect of that offence or offences or no order is made by the High Court under section 10 or 11 in relation to that property,
the High Court may, on application by a person who held the property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.
(5) The High Court shall not order compensation to be paid under subsection (4) unless it is satisfied—
(a) that there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned and that, but for that default, the act or omission referred to in subsection (4)(b) would not have occurred; and
(b) the applicant has, in consequence of the act or omission referred to in
subsection (4)(b), suffered loss in relation to the property.
(6) The amount of compensation to be paid under this section shall be such as the High Court thinks just in all the circumstances of the case.
Enforcement of external orders
28. (1) The Governor in Council may, with the approval of the Legislative Council, by order-
(a) direct in relation to a country or territory outside Hong Kong designated by the order ("a designated country") that, subject to such modifications as may be specified, this Ordinance shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;
(b) make-
(i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order; and
(ii) such provision as to evidence or proof of any matter for the purposes of this section and section 29; and
(iii) such incidental, consequential and transitional provision,
as appears to him to be expedient; and
(c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds arising out of action taken in the designated country with a view to satisfying a confiscation order and which are retained there shall nevertheless be treated as reducing the amount payable under the order to such extent as may be specified.
(2) An order under this section may make different provision for different cases or classes of case.