TNAG-1857-FCO40-2632-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 110

HONG KONG

LEGISLATIVE 香港立法局————————————一九八九年七月十二日

COUNCIL

12 July 1989

58

functions may come into conflict with the functions of receivers appointed under the Bill.

The amendment to clause 14 is to use the word "Government" rather than "Crown", to make it clear that the reference is to the Government.

Proposed amendment

Clause 2

That clause 2 be further amended

(a) in subclause (1) in the definition of "drug trafficking offence" by deleting "the offence of" where it occurs in paragraphs (b), (c), (d) and (e);

(b) in subclause (5) by deleting "anything" in both places where it occurs

and substituting, in each case, "property";

(c) in subclause (12) -

(i) in paragraph (b) by adding "within the meaning of subsection (13)" after "review";

(ii) in paragraph (e) by deleting "without the making of a confiscation order" and substituting "where the Attorney General either does not apply for a confiscation order, or applies for a confiscation order and the order is not made".

Clause 13

That clause 13 be further amended

(a) in subclause (1) by adding "first be applied in payment of such expenses incurred by a person acting as an insolvency officer as are payable under section 18(2) and then shall" after "shall";

(b) by deleting subclause (3) and substituting

"(3) The receipt of any sum by the Registrar on account of an amount payable under a confiscation order shall reduce the amount so payable, but the Registrar shall apply the sum received for the purposes specified in this section and in the order so specified.