Page 3 of Annex A

Explanatory Note

This order provides that, subject to certain modifications, the

Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405) applies

to an order made by a court in a designated country or territory for

the purpose of recovering payments or other rewards received in

connection with drug trafficking or their value, and to proceedings

which have been or are to be instituted in a designated country or

territory and may result in such an order being made there. It also

provides, in paragraph 7, that the value of any property recovered

in a designated country or territory in response to a request by the

Government of Hong Kong for assistance in the enforcement of an

order is to be treated as reducing the amount payable in Hong Kong

under a confiscation order made by the High Court or District Court.

2. Paragraph 3 of the order designates the countries and

territories listed in Schedule 1 for the purposes of enforcement of

confiscation orders, and applies the provisions of the Ordinance,

with modifications, to confiscation orders of courts in those

countries and territories and proceedings which may lead to such an

order being made. The modifications to the Ordinance are set out in

Schedule 2 to the order, and Schedule 3 sets out in full the

Ordinance as so modified.

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