1987 Ed.]
Prevention of Bribery
[CAP. 201
13
(b) may be made in respect of an offence under section 10(1)(b) where the facts that gave rise to that offence occurred before the date of commencement of the Prevention of Bribery (Amendment) Ordinance 1987.
(7) A court may make orders under both subsection (1) and section 12(3) in respect of the same offence but shall not make orders under both provisions in respect of the same pecuniary resources or property.
(8) An order under subsection (1) may make provision for taking possession of pecuniary resources or property to which the order applies and for the disposal of such resources or property by or on behalf of the Crown.
(Added, 50 of 1987, s. 4)
12AB. (1) Subject to this section, where an order is made under section 12AA in respect of pecuniary resources or property held by a person other than the person convicted, that other person may, within 28 days after the date of making the order, appeal against the order to the Court of Appeal.
(2) On an appeal under this section the Court of Appeal may-
(a) confirm the order, with or without modification; or
(b) quash the order and make such other order (if any) under section 12AA as it thinks appropriate.
(3) Proceedings under this section shall not operate as a stay of execution of an order unless the court which makes the order or the Court of Appeal otherwise orders and any stay of execution may be subject to such conditions as to costs, the giving of security or otherwise as the court or the Court of Appeal thinks fit.
(4) Subject to this section, an appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by rules made under subsection (5).
(5) The Chief Justice may make rules of procedure for the purposes of this section.
(6) Nothing in this section shall prejudice or affect the right of a convicted person to appeal against his sentence under Part IV of the Criminal Procedure Ordinance.
(50 of 1987.)
Appeal against confiscation order.
(Cap. 221.)
(Added, 50 of 1987, s. 4)
12AC. (1) The court or the Court of Appeal, as the case may be, may, if it thinks fit, award to any person his reasonable costs in respect of any proceedings before it in relation to-
(a) the making of an order under section 12AA; or
(b) an appeal under section 12AB,
where such an order is not made or is quashed.
Costs in proceedings on confiscation order.