TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 29

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(2) For the purposes of this Ordinance, a charging order is an order made under s section imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Government.

on-

(3) A charging 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;

(c) shall provide for notice to be given to persons affected by the order; and (d) may be made subject to such conditions as the High Court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective.

(4) Subject to subsection (6), a charge may be imposed by a charging order only

(a) any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has directly or indirectly made a gift caught by this Ordinance-

(i) in any asset of a kind specified in Schedule 2; or

(ii) under any trust; or

(b) any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust and a charge may by virtue of paragraph (a) be imposed by a charging order on the whole beneficial interest under the first mentioned trust.

(5) In any case where a charge is imposed by a charging order on any interest in an asset of a kind specified in Schedule 2, the High Court may provide for the charge to extend to any interest, dividend or other distribution payable and any bonus issue in respect of the asset.

(6) The High Court may make an order discharging or varying the charging order and shall make an order discharging the charging order if the proceedings for the offence are concluded or the amount payment of which is secured by the charge is paid into the High Court.

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

(8) Subject to the provisions of this Ordinance, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same manner as an equit- able charge created by the person holding the beneficial interest or, as the case may be, the trustee, by writing under his hand.

Realisation of property

12. (1) Where-

(a) in proceedings instituted for a drug trafficking offence, a confiscation order is

made;

(b) the order is not subject to appeal or review within the meaning of section 2(13);

and

(c) the proceedings have not been concluded,

the High Court may, on an application by the prosecutor, exercise the powers conferred by subsections (2) to (6).

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