TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 28

(6)

The High Court may make an order discharging or varying the

charging order and shall make an order discharging the charging order

if the proceedings for the offence are concluded or the amount payment

of which is secured by the charge is paid into the High Court.

(7) An application for the discharge or variation of a charging

order may be made by any person affected by it.

(8) Subject to the provisions of this Ordinance, a charge

imposed by a charging order shall have the like effect and shall be

enforceable in the same manner as an equitable charge created by the

person holding the beneficial interest or, as the case may be, the

trustee, by writing under his hand.

(9) The Governor in Council may by order amend Schedule 2.

Realisation of property

12. (1) Where

(a)

in proceedings instituted for a drug trafficking offence, a

confiscation order is made;

(b)

the order is not subject to appeal; and

(c) the proceedings have not been concluded,

the High Court may, on an application by the prosecutor, exercise the

powers conferred by subsections (2) to (6).