TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 73

4.

Part III of the Bill concerns enforcement of confiscation

orders.

Clause 8 sets out maximum periods of imprisonment in default

to be served where the amount of a confiscation order is not paid in

full. Clause 9 defines the circumtances under which restraint and

charging orders under clauses 10 and 11 may be made, both before and

after proceedings for a drug trafficking offence are instituted.

Clause 10 empowers the High Court to make a restraint order

prohibiting the transfer or disposal of realisable property of the

defendant or another person. It further provides for the appointment

by the court of a receiver to manage property under restraint, if the

court thinks fit. Clause 11 empowers the High Court to impose a

charging order on certain kinds of realisable property (specified in

Schedule 2 to the Bill) and for registration of such an order, where

appropriate. Clause 12 provides for realisation of property after a

confiscation order has been made and is not subject to appeal. The

clause also provides the appointment by the court of a receiver

(which may be a receiver appointed under clause 10 or another

receiver) for the purpose of realising the realisable property.

Reasonable opportunity must be given to persons holding any interest

in the property to make representations to the court. Clause 13

provides for the proceeds of the property realised to be applied,

after meeting certain expenses, for the purpose of satisfying the

confiscation order. Any balance remaining is to be distributed among

the former holders of realised property as the court directs. Clause

14 directs the High Court and receivers to exercise their powers

under the preceding clauses with a view to making available the value

of the realisable property to satisfy the confiscation order, but

subject to certain limitations to take account of the interest of the