1974-HKRS28-16-22_Part01 — Page 20

Variation

and revo- cation of restraining orders.

(3) A restraining order shall be served on the third party to whom it is directed and on the suspected person.

(4) Subject to subsection (5), a restraining order shall continue in force for a period of six months from the making thereof, but on application by or on behalf of the Commissioner the court may extend its operation for a further period of three months.

(5) Where-

(a) a restraining order is made with respect to property of a suspected person against whom a prosecution for an offence under this Ordinance has been instituted; or (b) a restraining order is in force with respect to property of a suspected person against whom a prosecution for such an offence is instituted,

the restraining order shall continue in force until the proceedings on such prosecution have been finally determined.

(6) A third party on whom a restraining order has been served in accordance with subsection (3) of this section or subsection (5) of section 14D shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 or to the value of the property disposed of or otherwise dealt with, whichever is greater, and to imprisonment for one year if, during the continuance in force of the order, he knowingly disposes of or otherwise deals with any property specified in the restraining order otherwise than in accordance with directions of the court.

14D. (1) The Commissioner may at any time apply ex parte to the court for the revocation of a restraining order,

(2) A person on whom a restraining order has been served in accordance with subsection (3) of section 14C or subsection (5) of this section may at any time apply to the court for an order revoking or varying the order.

(3) The applicant under subsection (2) shall give to the Commissioner such notice of the day fixed for

Application for directions.

the hearing of the application as a judge of the court may order.

(4) On the bearing of an application under sub- section (2), the court may-

(a) revoke the order if it is satisfied that undue hardship will be caused by its continuance in operation:

(b) vary the order in such manner as it thinks

fit.

(5) Where a restraining order has been revoked or varied under this section, notice of such revocation or the order as so varied, as the case may be, shall be served on the third party to whom it is directed and on the suspected person.

14E. (1) The suspected person or a third party on whom a restraining order has been served in accordance with subsection (3) of section 14C or subsection (5) of section 14D may at any time apply to the court for directions.

(2) The parties to any such application shall be-- (a) the suspected person and the third party;

and

(b) the Commissioner.

(3) A person applying for directions under sub- section (1) shall give to each other party to the application such notice of the day fixed for the bear- ing of the application as a judge of the court may order.

(4) On the bearing of an application under sub- section (1), the court may give such directions as it thinks fit.".

8.

(a) in subsection (1) by deleting "police officer of or above the rank of senior inspector and any Crown servant" and substituting "investigating officer":

Section 16 of the principal Ordinance is amended-

(6) in subsection (1)(b) by deleting "Attorney General" and

substituting "Commissioner”; and

(c) in subsection (2)(6) by deleting "police officer or Crown

servant" and substituting "investigating officer".

Amendment of section 16.