TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 13

(3) If the defendant fails in any respect to comply with a

requirement under subsection (2) he may be treated for the purposes

of this section as accepting every allegation in the statement apart

from

(a)

any allegation in respect of which he has complied with the

requirement; and

(b)

any allegation that he has benefited from drug trafficking

or that any payment or other reward was received by him in

connection with drug trafficking carried on by him or

another.

(4) Where

(a) the defendant tenders to the court a statement as to any

matters relevant to determining the amount that might be

realised at the time the confiscation order is made; and

(b) the prosecutor accepts to any extent any allegation in the

statement,

the court may, for the purposes of that determination, treat the

acceptance by the prosecutor as conclusive of the matters to which

the acceptance relates.