TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 13

(ƒ) the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).

(13) An order or verdict (including an order or verdict of acquittal) is subject to appeal or review so long as an appeal, further appeal or review is pending against the order or verdict; and for this purpose an appeal, further appeal or review shall be treated as pending (where one is competent but has not been instituted) until-

(a) in the case of an appeal to the Privy Council the expiration of 28 days after the

date of the judgment from which leave to appeal may be sought; or

(b) in any other case, the expiration of the time prescribed for instituting the

appeal, further appeal or review.

Confiscation orders

PART II

CONFISCATION OF PROCEEDS OF DRUG TRAFFICKING

3. (1) Where--

(a) in proceedings before the High Court or the District Court a person is to be sentenced in respect of one or more drug trafficking offences and has not previously been sentenced in respect of his conviction for the offence, or as the case may be, any of the offences concerned; and

(b) an application is made by or on behalf of the Attorney General for an order

under this section,

the High Court or the District Court, as the case may be, shall act as follows.

(2) The court shall first-

(a) impose such period of imprisonment or detention (if any);

(b) make such other order in relation to sentence, not being an order provided for

or referred to in subsection (6),

as is appropriate in respect of the offence, or as the case may be, the offences concerned.

(3) The court shall then determine whether the person has benefited from drug trafficking.

(4) 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.

(5) If the court determines that he has so benefited, the court shall determine in accordance with section 6 the amount to be recovered in his case by virtue of this section.

(6) The court shall then, in respect of the offence or offences 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).