(5)
Page 28 of Annex A
Subject to subsection (10), references in this Ordinance to
the value at any time (referred to in subsection (6) as "the material
time" (##)) of a gift caught by this Ordinance or of any
payment or reward are references to
(a) the value of the gift, payment or reward to the
recipient when he received it adjusted to take account
of subsequent changes in the value of money; or
(b) where subsection (6) applies, the value there mentioned,
whichever is the greater.
(6) Subject to subsection (10), if at the material time the
recipient holds
-
(a)
(b)
the property which he received (not being cash); or
property which, in whole or in part, directly or
indirectly represents in his hands the property which
he received,
the value referred to in subsection (5) (b) is the value to him at the
material time of the property mentioned in paragraph (a) or, as the
case may be, of the property mentioned in paragraph (b) so far as it
so represents the property which he received, but disregarding in
either case any charging order.
(7) (8)
(9) A gift (including a gift made before the commencement of the
Drug Trafficking (Recovery of Proceeds) (Designated Countries and
Territories) Order 1991 (L.N. of 1991)) is caught by this
Ordinance if -
(a)
it was made by the defendant at any time since the
beginning of the period of 6 years ending when the
proceedings were instituted against him; or