TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 15

amount the court assesses to be the value of his proceeds of drug

trafficking, the amount to be recovered in the defendant's case under

the confiscation order shall be the amount appearing to the court to

be the amount that might be so realised.

Definition of principal terms used

1.

(1) In this Ordinance, "realisable property" means,

subject to subsection (2)

-

(a) any property held by the defendant; and

(b) any property held by a person to whom the defendant has

directly or indirectly made a gift caught by this

Ordinance.

(2) Property is not realisable property if

(a)

an order under section 102 or 103 of the Criminal Procedure

Ordinance (Cap. 221); or

(b) an order under section 38F or 56 of the Dangerous Drugs

Ordinance (Cap. 134),

is in force in respect of the property.

(3) For the purposes of sections 5 and 6 the amount that might

be realised at the time a confiscation order is made against the

defendant is