TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 27

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(4) A restraint order-

(a) may be made only on an application by the prosecutor;

(b) may be made on an ex parte application to a judge in chambers; and (c) shall provide for notice to be given to persons affected by the order. (5) A restraint order-

(a) may be discharged or varied in relation to any property; and

(b) shall be discharged when proceedings for the offence are concluded.

(6) An application for the discharge or variation of a restraint order may be made by any person affected by it.

(7) Where the High Court has made a restraint order, the High Court may at any time appoint a receiver-

(a) to take possession of any realisable property; and

(b) in accordance with the High Court's directions, to manage or otherwise deal

with any property in respect of which he is appointed,

subject to such exceptions and conditions as may be specified by the High Court; and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.

(8) For the purposes of this section, dealing with property held by any person includes (without prejudice to the generality of the expression)

(a) where the property is a debt owed to that person, making a payment to any

person in reduction or full settlement of the amount of the debt;

(b) making or receiving a gift of the property; and

(c) removing the property from Hong Kong.

(9) Where the High Court has made a restraint order, an authorized officer may, for the purpose of preventing any realisable property being removed from Hong Kong, seize the property.

(10) Property seized under subsection (9) shall be dealt with in accordance with the High Court's directions.

(11) Where any property specified in a restraint order is immovable property the order shall, for the purposes of the Land Registration Ordinance (Cap. 128)—

(a) be deemed to be an instrument affecting land; and

(b) be registrable as such in the Land Office under that Ordinance in such manner

as the Land Officer thinks fit.

Charging orders in respect of land, securities, etc.

11. (1) The High Court may make a charging order on realisable property for securing the payment to the Government—

(a) where a confiscation order has not been made, of an amount equal to the value

from time to time of the property charged; and

(b) in any other case, of an amount not exceeding the amount payable under the

confiscation order.