TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 32

reimbursement of any sums paid by the prosecutor under

section 19(2),

and the balance shall be disposed of under section 93 of the

Interpretation and General Clauses Ordinance (Cap. 1) as if it were

fine imposed under the authority of an Ordinance.

Exercise of powers by High Court or receiver

14. (1) The following subsections apply to the powers

conferred on the High Court by sections 10 to 13, or on a receiver

appointed under section 10 or 12 or in pursuance of a charging order.

(2) Subject to subsections (3), (4), (5) and (6), the powers

shall be exercised with a view to making available for satisfying the

confiscation order or, as the case may be, any confiscation order

that may be made in the defendant's case the value for the time being

of realisable property held by any person by the realisation of such

property.

(3) In the case of realisable property held by a person to whom

the defendant has directly or indirectly made a gift caught by this

Ordinance, the powers shall be exercised with a view to realising no

more than the value for the time being of the gift.

(4) The powers shall be exercised with a view to allowing any

person other than the defendant or the recipient of any such gift to

retain or recover the value of any property held by him.