TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 33

(5)

An order may be made or other action taken in respect of a

debt owed by the Crown.

(6) In exercising those powers, no account shall be taken of

any obligations of the defendant or of the recipient of any such gift

which conflict with the obligation to satisfy the confiscation order.

Variation of confiscation orders

15. (1) If, on an application by the defendant in respect of a

confiscation order, the High Court is satisfied that the realisable

property is inadequate for the payment of any amount remaining to be

recovered under the confiscation order, the High Court shall make an

order

(a) substituting for the amount to be recovered under the

confiscation order such lesser amount as the High Court

thinks just in all the circumstances of the case; and

(b)

substituting for the term of imprisonment fixed under

section 8 in respect of the amount to be recovered under

the confiscation order a shorter term determined in

accordance with that section in respect of the lesser amount.

(2) For the purposes of subsection (1) -

(a)

in the case of realisable property held by a person who has

been adjudged bankrupt or whose estate has been sequestrated

the High Court shall take into account the extent to which