XN000022-1989-02-24 — Page 2

FRIDAY, FEBRUARY 24, 1989

NEW BILL AGAINST DRUG TRAFFICKING GAZETTED

:

A BILL AIMED AT CONFISCATING THE PROCEEDS OF DRUG TRAFFICKING AND COUNTERING DRUG MONEY LAUNDERING IN HONG KONG WAS PUBLISHED THE GAZETTE TODAY (FRIDAY).

IN

MODELLED ON THE UNITED KINGDOM'S DRUG TRAFFICKING OFFENCES ACT 1986. THE DRUG TRAFFICKING (RECOVERY OF PROCEEDS) BILL 1989 IS ONE OF THE FIRST PIECES OF LEGISLATION TO HAVE BEEN PREPARED IN BOTH ENGLISH AND CHINESE.

UNDER THE BILL. WHEN A PERSON [S CONVICTED OF A DRUG TRAFFICKING OFFENCE IN THE HIGH COURT OR DISTRICT COURT. THE COURT WILL, BEFORE SENTENCING AND ON APPLICATION BY THE ATTORNEY GENERAL, FIRST DETERMINE WHETHER THE DEFENDANT HAS BENEFITTED FROM DRUG

TRAFFICKING.

IF SO, THEN THE COURT WILL ASSESS THE VALUE OF HIS PROCEEDS FROM DRUG TRAFFICKING AND MAKE A CONFISCATION ORDER AGAINST THEM.

FOR THE PURPOSE OF DETERMINING WHETHER THE DEFENDANT HAS BENEFITTED FROM DRUG TRAFFICKING AND OF ASSESSING THE VALUE OF THE PROCEEDS THEREOF, THE COURT MAY ASSUME THAT THE WHOLE OF HIS PROPERTY

ANY PROPERTY AT THE TIME OF HIS CONVICTION, TOGETHER WITH

WHICH HE HAD HELD AT ANY TIME DURING THE PRECEDING SIX YEARS, REPRESENTS HIS PROCEEDS FROM DRUG TRAFFICKING.

AND

IF,

ACTIVITIES

HOWEVER, THE COURT IS NOT REQUIRED TO MAKE THIS ASSUMPTION NEED NOT EXAMINE ALL THE DEFENDANT'S FINANCIAL DEALINGS IN DEPTH FOR EXAMPLE, IT IS SATISFIED THAT HIS DRUG TRAFFICKING WERE CONFINED TO CERTAIN SPECIFIC TRANSACTIONS.

THE AMOUNT OF A CONFISCATION ORDER WILL BE THE FULL THE DEFENDANT'S PROCEEDS AS DETERMINED BY THE COURT.

AMOUNT

OF

:

THE NEVERTHELESS, IF

COURT FINDS THE AMOUNT THAT CAN BE

TO AVAILABLE

IT RECOVERED THROUGH REALISATION OF PROPERTY

IS LESS IT WILL THAN THE DETERMINED VALUE OF THE DEFENDANT'S PROCEEDS,

ONLY

ORDER CONFISCATION OF THE REALISABLE AMOUNT,

BEEN MADE, AFTER A CONFISCATION ORDER HAS

1F THE L'OURT IS

APPLICATION BY THE SATISFIED, ON

THAT DEFENDANT,

THE REALISABLE PROPERTY IS INADEQUATE TO SATISFY THE CONFISCATION ORDER IN FULL. MAY REDUCE THE AMOUNT TO BE

THE VARYING

RECOVERED

BY

IT

CONFISCATION

ORDER.

IN

то ORDER

ENSURE THAT THE

CONFISCATION

WILL ORDER SATISFIED IN FULL. THE COURT MAY APPOINT A RECEIVER TO REALISE ANY THE DEFENDANT'S ASSETS.

ADDITIONALLY, ASSETS HELD BY RECIPIENTS

THE PREVIOUS SIN

BE

OF

TO THEM BY THE DEFENDANT IN

SUBJECT TO REALISATION, ALTHOUGH THE AMOUNT TO EXCEED THE VALUE OF THE GIFTS.

BE

OF GIFTS TRANSFERRED YEARS WILL ALSO ВЕ

MAY REALISED

NOT

WHEN MAKING