TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 49

44

(6) Material disclosed in pursuance of an order under subsection (5) may, subject to any conditions contained in the order, be further disclosed for the purposes of the functions under this Ordinance of the receiver or the High Court.

(7) The High Court may by order authorize the disclosure to an authorized officer of any material produced under subsection (1) or any part of such material; but the High Court shall not make an order under this subsection unless-

(a) a reasonable opportunity has been given for an officer of the public body to

make representations to the High Court; and

(b) it appears to the High Court that the material is likely to be of substantial value

in exercising functions relating to drug trafficking.

(8) Material disclosed in pursuance of an order under subsection (7) may, subject to any conditions contained in the order, be further disclosed for the purposes of functions relating to drug trafficking.

(9) Material may be produced or disclosed in pursuance of this section notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise.

(10) An order under subsection (1) and, in the case of material in the possession of a public body, an order under section 20(2) may require any officer of the public body (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with it, and such an order shall be served as if the proceedings were civil proceedings against the Crown.

(11) In this section "public body" means—

(a) any Government department; and

(b) any body specified by the Governor under subsection (12).

(12) The Governor may, by notice in the Gazette, specify a body to be a public body for the purposes of this section.

Offence of prejudicing investigation

24. (1) Where, in relation to an investigation into drug trafficking, an order under section 20 has been made or has been applied for and has not been refused or a warrant under section 21 has been issued, a person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation commits an offence.

(2) In proceedings against a person for an offence under this section, it is a defence to prove―

(a) that he did not know or suspect that the disclosure was likely to prejudice the

investigation; or

(b) that he had lawful authority or reasonable excuse for making the disclosure. (3) A person who commits an offence under this section is liable-

(a) on conviction upon indictment to a fine of $500,000 and to imprisonment for 3

years; or

(b) on summary conviction to a fine of $100,000 and to imprisonment for 1 year.