TNAG-1430-FCO40-1913-Hong-Kong-Independent-Commission-Against-Corruption-(ICAC)-1985 — Page 133

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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which the court has found to be controlled by the

convicted person, to an amount or value not exceeding

the amount or value of assets the acquisition of which

has not been explained. Where the assets are held by

a person other than the person convicted, then that

other person must be given reasonable notice that an

order is sought, and an opportunity to show cause why it

should not be made. A confiscation order and a monetary

penalty under section 12(3) cannot be imposed in respect

of the same assets.

:

4. Clause 4 also increases the maximum fines in

respect of the most serious offences.

5. Clause 5 makes minor amendments to section 13

of the Ordinance, first to ensure that where an

investigating officer may require the production of

documents and articles, they may be copied or photographed

as appropriate and secondly to remove doubts about the

scope of an authorization under that section.

6.

Clause 6 amends section 14, dealing with the

powers of the Commissioner to obtain information in the

course of an investigation. Under section 14(1) a

suspect, or another person, may be required by written

notice to give a written statement listing his assets.

The amount of detail to be given depends on whether the

statement is required from a suspect or from another

person, but in neither case it is presently required

to state from whom the property was acquired, and in one

:

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