TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 21

2 years

3 years

5 years

•

..10 years

(3)

Subsections (1) and (2) shall apply in relation to the

District Court notwithstanding any limitation on the jurisdiction of

that court as to the imposition of penalties set out in section 82 of

the District Court Ordinance (Cap. 336).

(4) Section 109A of the Criminal Procedure Ordinance (Cap. 221)

shall not apply in relation to fixing a period of imprisonment under

this section.

Cases in which restraint orders and charging orders may be made

9. (1) The powers conferred on the High Court by sections

10(1) and 11(1) are exercisable where -

(a) proceedings have been instituted in Hong Kong against the

defendant for a drug trafficking offence;

(b)

the proceedings have not been concluded; and

(c)

the High Court is satisfied that there is reasonable cause

to believe that the defendant has benefited from drug

trafficking.