TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 76

assist a drug trafficker to retain the benefits of drug trafficking.

The clause provides a defence where, either before or after taking

part in the arrangements, the person concerned discloses to an

authorized officer a suspicion or belief that the funds or

investments derive from drug trafficking. Such a disclosure will not

constitute a breach of confidence imposed by contract. Clause 27

states that no witness in court proceedings shall be obliged to

reveal information about any disclosure made under clause 26 and

further that it will be an offence to publish or broadcast

information relating to any such disclosure except where otherwise

ordered by a court. Clause 28 allows an application to be made to

the High Court by a person holding certain property for compensation

for any substantial loss suffered as the result of a restraint or

charging order, or of a disclosure under clause 26, or of the

realisation of the property, where a person investigated or

Clauses 29 and 30 provide for the

prosecuted for drug trafficking is not charged, or is not convicted,

or his conviction is quashed or he is pardoned, and where there has

been serious default on the part of a person concerned in the

investigation or prosecution.

registration and enforcement in Hong Kong of comparable restraint,

charging and confiscation orders made by any country designated for

the purpose by order of Governor in Council and with the approval of

the Legislative Council. Provision may also be made by order with

respect to action taken in a designated country to enforce

confiscation orders made in Hong Kong.

Clause 31 enables a

certificate as to the terms and effect of a corresponding law of

another country to be tendered in evidence in proceedings under the

Bill. Clause 32 states that Schedules to the Bill may be amended by