18
CAP. 210]
Orders for restitution.
1968, c. 60, s. 28.
Theft
[1986 Ed.
(c) the provisions of this subsection shall apply whether or not the bank or other person on whom the cheque or bill of exchange was drawn carries on business in Hong Kong and whether the writing was written on the cheque or bill of exchange or the document within or outside Hong Kong;
(d) any document purporting to be a document of the kind specified in paragraph (b) or purporting to be a copy or reproduction of any such document shall be admitted in evidence on its production by the prosecution without further proof;
(e) where any cheque or bill of exchange or any document of the kind specified in paragraph (b), or any copy or reproduction of such document, is to be adduced in evidence, a copy thereof shall be served on the defendant not less than 14 days before the commencement of the trial;
(f) if service is not effected in accordance with paragraph (e), the court may on application by the accused grant an adjournment for such period as it considers just.
30. (1) Where goods have been stolen, and a person is convicted of any offence with reference to the theft (whether or not the stealing is the gist of his offence), the court by or before which the offender is convicted may on the conviction exercise any of the following powers-
(a) the court may order anyone having possession or control of the goods to restore them to any person entitled to recover them from him; or
(b) on the application of a person entitled to recover from the person convicted any other goods directly or indirectly representing the first-mentioned goods (as being the proceeds of any disposal or realization of the whole or part of them or of goods so representing them), the court may order those other goods to be delivered or transferred to the applicant; or
(c) on the application of a person who, if the first-mentioned goods were in the possession of the person convicted, would be entitled to recover them from him, the court may order that a sum not exceeding the value of those goods shall be paid to the applicant out of any money of the person convicted which was taken out of his possession on his apprehension.
(2) Where under subsection (1) the court has power on a person's conviction to make an order against him both under paragraph (b) and under paragraph (c) with reference to the stealing of the same goods, the court may make orders under both paragraphs provided that the applicant for the orders does not thereby recover more than the value of those goods.