TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 18

the fine was imposed or order made before the confiscation

order; or

(b) pay any sum which, if the defendant had been adjudged

bankrupt or was being wound up, would be among the

preferential debts.

(8)

(a)

In subsection (7)(b) "the preferential debts"

in relation to bankruptcy, means the debts to be paid in

priority under section 38 of the Bankruptcy Ordinance (Cap.

6) (assuming the date of the confiscation order to be the

date of filing of the petition and of the receiving order

made under that Ordinance); and

(b)

in relation to winding up, means the debts to be paid under

section 265 of the Companies Ordinance (Cap. 32) (assuming

the date of the confiscation order to be the date of

commencement of the winding up and the relevant date for

the purpose of that section).

(9) A gift (including a gift made before the commencement of

this Ordinance) is caught by this Ordinance if

(a)

it was made by the defendant at any time since the beginning

of the period of 6 years ending when the proceedings were

instituted against him; or