TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 64

(a) that there has been some serious default on the part of any

person concerned in the investigation or prosecution of the

offence or offences concerned and that, but for that

default, the investigation would not have begun or

continued or the proceedings would not have been instituted

or continued, as the case may be; and

(b)

that the applicant has suffered substantial loss in

consequence of anything done in relation to the property by

or in pursuance of an order of the High Court under

sections 10 to 12.

(3) Without prejudice to subsection (1), where

(a)

a disclosure is made by any person in accordance with

section 26(3) in relation to any property;

(b)

in consequence of the disclosure and for the purposes of an

investigation or prosecution in respect of a drug

trafficking offence or offences any act is done or omitted

to be done in relation to that property; and

(c)

no proceedings are instituted against any person in respect

of that offence or offences or no order is made by the High

Court under section 10 or 11 in relation to that property,

the High Court may, on application by a person who held the property,

order compensation to be paid by the Government to the applicant.