TNAG-1857-FCO40-2632-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 125

HONG KONG LEGISLATIVE COUNCIL

12 July 1989

香港立法局

一九八九年七月十二日

73

New subclause (2A) ensures that compensation would not be payable in a

situation where a serious default was responsible for an investigation not going ahead in circumstances where it should have done so.

The amendments in paragraphs (d) and (e) to subclauses (3) and (4) respectively are made for the same reasons as similar amendments to subclauses (1) and (2).

With these remarks, Sir, I beg to move.

Proposed amendments

Clause 17

That clause 17 be amended, in subclause (1) by deleting "but there shall be payable out of such property any expenses (including the remuneration of the liquidator or provisional liquidator) properly incurred in the winding up in respect of the property".

Clause 27

That clause 27 be amended

(a) in subclause (1) —

(i) in paragraph (c) (i) by deleting "(and no conviction for any drug trafficking offence is substituted)";

(ii) by adding at the end "if, having regard to all the circumstances, it considers it appropriate to make such an order";

(b) in subclause (2) ·

(i) in paragraph (a) by deleting "and that, but for that default, the investigation would not have begun or continued or the proceedings would not have been instituted or continued, as the case may be";

(ii) in paragraph (b) by deleting "substantial";

(c) by adding after subclause (2)

"(2A) The High Court shall not order compensation to be paid under subsection (1) in any case where it appears to the High Court