TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 22

(2) Those powers are also exercisable where the High Court is

satisfied

-

Court

(a) that whether by the laying of an information or otherwise,

a person is to be charged in Hong Kong with a drug

trafficking offence; and

(b)

that there is reasonable cause to believe that he has

benefited from drug trafficking.

(3) For the purposes of sections 10 and 11, in relation to the

exercise of those powers at any time before proceedings have been

instituted

(a) references in this Ordinance to the defendant shall be

construed as references to the person referred to in

subsection (2)(a);

(b) references in this Ordinance to the prosecutor shall be

construed as references to the person who the High Court is

satisfied is to have the conduct of the case for the

prosecution in the proposed proceedings; and

(c) references in this Ordinance to realisable property shall be

construed as if, immediately before that time, proceedings

had been instituted against the person referred to in

subsection (2)(a) for a drug trafficking offence.