TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 23

PART III

ENFORCEMENT, ETC. OF CONFISCATION ORDERS

Application of procedure for enforcing fines

8. (1) Subject to this section, where the High Court or the District Court, as the case may be, orders the defendant to pay any amount under section 3-

(a) the court shall make an order fixing a term of imprisonment which he is to serve if any of the amount which he is liable to pay is not duly paid or recovered; and (b) section 114(1), (3), (4), (5), (6) and (7) of the Criminal Procedure Ordinance

(Cap. 221) shall apply as if

(i) that amount were a fine imposed upon him by the court; and

(ii) the term of imprisonment fixed under this section were a term fixed under section 114(1)(c) of that Ordinance.

(2) The terms set out in the second column of the following table shall be the maximum terms of imprisonment under subsection (1) applicable respectively to the amounts set out opposite thereto.

An amount not exceeding $200,000

TABLE

An amount exceeding $200,000 but not exceeding $500,000

An amount exceeding $500,000 but not exceeding $1 million

An amount exceeding $1 million but not exceeding $2.5 million

An amount exceeding $2.5 million but not exceeding $10 million

An amount exceeding $10 million

12 months

18 months

2 years

3 years

5 years

10 years

(3)

Subsections (1) and (2) shall apply in relation to the District Court notwithstanding any limitation on the jurisdiction of that court as to the imposition of penalties set out in section 82 of the District Court Ordinance (Cap. 336).

(4) Where the defendant-

(a) becomes liable to serve a term of imprisonment fixed under this section in

respect of a confiscation order; and

(b) is also liable to serve a term of imprisonment or detention in respect of the

offence or offences concerned,

the term of imprisonment mentioned in paragraph (a) shall not begin to run until after the end of the term of imprisonment or detention mentioned in paragraph (b).

(5) For the purposes of subsection (4)—

(a) consecutive terms and terms which are wholly or partly concurrent shall be

treated as a single term; and

(b) there shall be disregarded-

(i) any sentence suspended under section 109B of the Criminal Procedure Ordinance (Cap. 221) which has not taken effect at the time the defendant becomes liable to a term of imprisonment under this section; and