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FRIDAY, MAY 15, 1987
LASTLY, A CONFISCATION ORDER AND A MONETARY PENALTY UNDER THE EXISTING PROVISIONS CANNOT BE IMPOSED IN RESPECT OF THE SAME ASSETS.
AS A FURT HER SAFEGUARD, THE PROPOSED NEW LAW PROVIDES THE THIRD PARTY WITH THE RIGHT OF APPEAL TO THE COURT OF APPEAL AGAINST SUCH AN ORDER. A CONVICTED PERSON MAY APPEAL UNDER THE CRIMINAL PROCEDURE ORDINANCE.
THE SPOKESMAN STRESSED THAT THE PROPOSED POWERS OF CONFISCATION ARE NARROWLY BASED IN THAT THEY APPLY SOLELY TO CROWN SERVANTS AND THOSE CLOSELY RELATED TO CROWN SERVANTS, AND TO THE ONE OFFENCE OF A CROWN SERVANT BEING IN CONTROL OF ASSETS DISPROPORTIONATE TO EMOLUMENTS, AND TO ASSETS WHICH HAVE ALREADY BEEN THE SUBJECT OF A TRIAL AND CONVICTION.
+SIMILAR POWERS OF CONFISCATION EXIST IN MANY COUNTRIES, INCLUDING THE USA AND AUSTRALIA, WITH RESPECT TO THE PROCEEDS OF DRUG-TRAFFICKING, AND IN THE USA WITH RESPECT TO ORGANISED CRIME, THE SPOKESMAN POINTED OUT.
+THE CIVIL LAW COUNTRIES OF EUROPE HAVE, IN GENERAL, WIDE POWERS OF CONFISCATION IN CRIMINAL CASES, WITH SOME COUNTRIES E.G. ITALY, EXTENDING THE POWER TO THE PROPERTY OF THIRD PARTIES. + IN ENGLAND THE HODGSON COMMITTEE REPORT ON THE PROFITS OF CRIME AND THEIR RECOVERY (1984) RECOMMENDED THAT GENERAL POWERS OF CONFISCATION BE AVAILABLE TO UK COURTS. IT ALSO RECOMMENDED THAT THE POWER SHOULD EXTEND TO THE PROPERTY OF THIRD PARTIES WHICH COULD BE TRACED TO THE PROCEEDS OF THE OFFENCE, WITH CERTAIN LIMITATIONS AND WITH A RIGHT TO BE HEARD AND TO OPPOSE AN ORDER. A NUMBER OF THE RECOMMENDATIONS HAVE BEEN ADOPTED IN THE DRUG TRAFFICKING OFFENCES ACT 1986.+
THE PROPOSED AMENDMENTS ALSO SEEK TO AMEND THE LAWS RELATING TO DEALINGS IN PROPERTY BY SUSPECTS UNDER INVESTIGATION AND BY THIRD PARTIES.
+UNDER EXISTING LEGISLATION, THE COMMISSIONER OF THE ICAC MAY ISSUE A NOTICE RESTRICTING DEALINGS IN PROPERTY BY SUSPECTS UNDER INVESTIGATION, THE SPOKESMAN EXPLAINED.
IT IS PROPOSED TO AMEND THE LAW FIRSTLY TO CLARIFY THAT A NOTICE WILL APPLY ALSO TO INCOME FROM A SPECIFIED PROPERTY UNLESS OTHERWISE PROVIDED, AND SECONDLY TO PROVIDE THAT ONCE A PROSECUTION IS COMMENCED, A NOTICE WILL REMAIN IN FORCE UNTIL *PROCEEDINGS, INCLUDING PROCEEDINGS RELATING TO ANY PENALTY OR CONFISCATION ORDER, ARE CONCLUDED.
/AT PRESENT