TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 30

IMMIGRATION (AMENDMENT) (NO. 3)

Ord. No. 61/79

A191

(Cap. 221.)

Power to

restrain disposal

of property.

(2) 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 the hearing of an application made under subsection (1) 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 com- mission 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 forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so.

(3) Where it appears to a court which is considering making an order for forfeiture under this section that a person who is not before the court may claim ownership of, or an interest in, the property which may be forfeited, it shall give that person an opportunity to make representa- tions to the court as to why such an order should not be made.

46B. (1) A court, in the course of a prosecution under this Ordinance, or of the hearing of any application by the Attorney General for forfeiture under this Ordinance, may of its own motion or upon application by the Attorney General, by written notice to any person in possession or control of money or property that may be forfeited, direct that such person shall not dispose of or otherwise deal with the property specified in the notice without the consent of the court.

(2) A person who disposes of, or otherwise deals with property specified in a notice under subsection (1) other than in accordance with the consent of the court shall be guilty of an offence and liable to a fine of $50 000 or the value of the property disposed of or otherwise dealt with, whichever is the greater, and to imprisonment for 3 years.".

6. Section 58(2) of the principal Ordinance is amended-

(a) by inserting after "38(1)" the following-

"or, while it is in force, Part VIIA or Part VIIB";

(b) by deleting "and" at the end of paragraph (a); and

(c) by inserting after paragraph (a) the following-

"(aa) tow or otherwise move the ship; and".

Amendment of section 58.

7. The principal Ordinance is amended by adding after section 58 the Addition of following section-

"Powers of persons in

charge of authorized vessels.

58A. (1) For the purposes of this Ordinance, the captain or person in charge of any vessel, or any vessel belonging to a class or description of vessels authorized by the Governor for the purposes of this section, and any

new section 58A.

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