TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 191

CONFIDENTIAL

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機密

"Forfeiture of property other than a ship or vehicle.

(Cap. 221.)

46A. (1) If in the course of

a prosecution for an offence under ·

section 38(1) or under section 90(1) of

the Criminal Procedure Ordinance where

the arrestable offence which a person has

committed is an offence under section 38(1),

or of an application made by the Attorney

General for forfeiture under this section,

it appears to the court that any property

other than a ship or vehicle -

(a) has been, is being or is intended

to be used in the commission or

to procure or facilitate the

commission of such an offence; or

(b)

is the proceeds or represents the

proceeds directly or indirectly

(as being the result of any

disposal or realization of the

whole or part of the proceeds) of

any such offence,

the court shall, whether or not any person

is convicted of any such offence, order the

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