TNAG-1430-FCO40-1913-Hong-Kong-Independent-Commission-Against-Corruption-(ICAC)-1985 — Page 12

(c)

may be

10(1) (b) where

made

in

respect of an

offence

the facts that gave rise to

under

that offence

Section

occurred before the date of commencement of the Prevention of

Bribery (Amendment) Ordinance 1985.

(8) Without prejudice to the generality of the Court's

discretion under subsection (7), an order under subsection (6) shall

not be made in respect of pecuniary resources. or property held by a

person other th an the person convicted if that other person

satisfies the

court in any proceedings to show cause under

subsection (7) he had

—

(a)

ac ted in good faith

the pecuniary resources

and

(b)

resources

subsequently SO

or property,

as regards the circumstances in which

property came to be held by him;

or

ac ted in relation to the pecuniary

by incurring expenditure or

that an order in the circumstances

obligations or otherwise,

would be unjust.

whether

(9) A court may

(6) in respect of the

both subsections in

make orders under both subsections (3) and

same offence but shall not make orders under

respect of the same pecuniary resources

or

property.