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WEDNESDAY, MAY 27, 1987
+THIRDLY, NO ORDER MAY BE MADE UPON ASSETS HELD BY A PERSON OTHER THAN THE PERSON CONVICTED IF THAT OTHER PERSON SATISFIES THE COURT THAT AN ORDER WOULD BE UNJUST IN THE CIRCUMSTANCES.
+FOURTHLY, A CONFISCATION ORDER AND A MONETARY PENALTY
ORDER CANNOT BE IMPOSED IN RESPECT OF THE SAME ASSETS,+ HE SAID.
THE BILL ALSO PROVIDED FOR A THIRD PARTY IN POSSESSION OF CONFISCATED ASSETS A RIGHT OF APPEAL TO THE COURT OF APPEAL AGAINST A CONFISCATION ORDER, HE SAID.
MR THOMAS EMPHASISED THAT THE POWER OF THE COURT TO ORDER CONFISCATION APPLIED SOLELY TO CONVICTED CROWN SERVANTS OR FORMER CROWN SERVANTS AND THE IR CLOSE ASSOCIATES; TO THE ONE OFFENCE, AND TO ASSETS WHICH HAD ALREADY BEEN THE SUBJECT OF A TRIAL. WOULD ALSO BE DISCRETIONARY IN EVERY CASE, HE ADDED.
IT
THE BILL ALSO SOUGHT TO INCREASE THE MAXIMUM FINE FOR THE POSSESSION AS A CROWN SERVANT OF UNEXPLAINED WEALTH FROM $500 000 TO $1 MILLION ON INDICTMENT AND FROM $100 000 TO @500 000 ON A SUMMARY CHARGE.
AMENDMENTS CONCERNING MAGISTRATES' POWERS TO ORDER THE SURRENDER OF A SUSPECT'S TRAVEL DOCUMENTS WERE ALSO PROPOSED.
HE SAID ALTHOUGH THE EXISTING PROVISIONS PROVED A VERY EFFECTIVE AID TO THE INVESTIGATION OF CORRUPTION OFFENCES, SOME ASPECTS OF THE PRESENT PROVISIONS WERE CRITICISED AS UNFAIR TO THE SUSPECT AND LACKING IN FLEXIBILITY.
THE AMENDMENTS PROPOSED WOULD MAKE THE PROCEDURE BOTH FAIRER AND MORE FLEXIBLE IN THAT A SUSPECT MAY APPLY TO THE COMMISSIONER FOR RETURN OF HIS TRAVEL DOCUMENT AT ANY TIME.
THERE
+ THE RETURN MAY BE MADE SUBJECT TO CONDITIONS AS TO THE FUTURE APPEARANCE OF THE HOLDER AND FURTHER SURRENDER OF THE DOCUMENT AND THE HOLDER MAY BE REQUIRED TO GIVE ADEQUATE SECURITY. IS PROVISION FOR APPEAL AGAINST A REFUSAL TO RETURN TRAVEL DOCUMENTS OR THE IMPOSITION OF UNREASONABLE CONDITIONS, + HE ADDED.
ANOTHER AMENDMENT PROVIDED THAT A PERSON WHO HAD FAILED TO COMPLY WITH CONDITIONS UPON WHICH A TRAVEL DOCUMENT WAS HE RETURNED MAY BE ARRESTED AND HIS SECURITY BE FORFEITED, SA ID.
THE BILL ALSO PROVIDED FOR THE ARREST OF ANY SUSPECT WHO WAS BELIEVED TO BE ARRANGING HIS DEPARTURE FROM HONG KONG WHILE INVESTIGATIONS WERE PROCEEDING, AND FOR THE ADMISSION OF SUCH A PERSON TO BAIL.
/SUSPECTS HAVE
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