TNAG-1995-FCO40-2842-Drug-trafficking-in-Hong-Kong-1989 — Page 9

(3)

For the purposes of this Ordinance, a person who has at any

time (whether before or after the commencement of this Ordinance)

received any payment or other reward in connection with drug

trafficking carried on by him or another has benefited from drug

trafficking.

(4) If the court determines that he has so benefited, the court

shall, before sentencing or otherwise dealing with him in respect of

the offence, or, as the case may be, any of the offences concerned,

determine in accordance with section 6 the amount to be recovered in

his case by virtue of this section.

(5)

The court shall then, in respect of the offence concerned -

(a)

order him to pay that amount;

(b)

take account of the order before

-

(i) imposing any fine on him; or

(ii)

making any order involving any payment by him; or

(iii) making any order under section 38F or 56 of the

Dangerous Drugs Ordinance (Cap. 134), or section 72, 84A,

102 or 103 of the Criminal Procedure Ordinance (Cap. 221);

and