TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 10

subject to paragraph (b), leave the order out of account in

determining the appropriate sentence or other manner of

dealing with the defendant.

Assessing the proceeds of drug trafficking

4.

(1) For the purposes of this Ordinance

(a)

any payments or other rewards received by a person at any

time (whether before or after the commencement of this

Ordinance) in connection with drug trafficking carried on

by him or another are his proceeds of drug trafficking; and

(b) the value of his proceeds of drug trafficking is the

aggregate of the values of the payments or other rewards.

(2) The High Court or the District Court, as the case may be,

may, for the purpose of determining whether the defendant has

benefited from drug trafficking and, if he has, of assessing the

value of his proceeds of drug trafficking, make the following

assumptions, except to the extent that the defendant shows that any

of the assumptions are incorrect in his case.

(3) Those assumptions are

(a)

that any property appearing to the court

(i) to have been held by him at any time since his

conviction; or