TNAG-1857-FCO40-2632-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 109

HONG KONG LEGISLATIVE COUNCIL

12 July 1989

香港立法局—————————一九八九年七月十二日

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(ii) in paragraph (ii) by deleting "**Яפ3⁄4" and

substituting "為被告繳付根據沒收令所須付的款項"; and

(b) in subclause (2) ——-

Clause 14

(i) by deleting "" and adding "" after "#W\";

(ii) in paragraph (a) by deleting "," and substituting "m".

That clause 14 be amended

(a) in subclause (2) by deleting "" and all the words that

上述權力須予行使" follow them and substituting "當行使上述權力時,須以把任何人持有的可變現財 産變現,從而獲取該等財産當時的價值,用作繳付就被告而發出的没收令所須付的款項為 目標。

(b) in the Chinese version by deleting subclauses (3) and (4) and

substituting-

(3)如某人持有的可變現產是由被告直接或間接向他作出的饋贈,而該饋贈是 受本條例囿制的,當行使上述權力時,須以變現可得款額不超逾該饋贈當時的價值為 目標。”.

Question on the amendments proposed, put and agreed to.

SECRETARY FOR SECURITY: Sir, I move that the clauses specified be further amended as set out under my name in the paper circulated to Members.

The amendments to clause 2 are mainly drafting amendments to improve style and clarity of meaning. The amendment to subclause (12)(e) of clause 2 is consequential to the amendment to clause 3 to be moved by Miss TAM.

The amendments to clause 13 follow similar amendment to the corresponding law in the United Kingdom. They are to provide for the payment from realized property of the expenses of a receiver or liquidator appointed other than for the purposes of a confiscation order, in priority over any other payment. This will further protect the interests of such receiver or liquidator when their