TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 55

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(7) If information is published or broadcast in contravention of subsection (3), each of the following persons—

(a) in the case of publication as part of a newspaper or periodical publication, any

proprietor, editor, publisher and distributor thereof;

(b) in the case of a publication otherwise than as part of a newspaper or periodical

publication, any person who publishes it and any person who distributes it;

(c) in the case of a broadcast, any person who broadcasts the information and, if the information is contained in a programme, any person who transmits or provides the programme and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,

commits an offence and is liable on conviction to a fine of $50,000 and to imprisonment for 6 months.

(8) Proceedings for an offence under this section shall not be instituted except with the consent of the Attorney General.

(9) In this section—

"broadcast" includes broadcast by radio, film, videotape or television; "publish" means publish in writing.

Compensation

27. (1) If an investigation is begun against a person for a drug trafficking offence or offences and any of the following circumstances occur, namely

(a) no proceedings are instituted against that person;

(b) proceedings are instituted against that person but do not result in his

conviction for any drug trafficking offence; or

(c) proceedings are instituted against that person and he is convicted of one or

more drug trafficking offences, but-

(i) the conviction or convictions concerned are quashed; or

(ii) he is granted a pardon in respect of the conviction or convictions concerned,

the High Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

(2) The High Court shall not order compensation to be paid under subsection (1) unless it is satisfied-

(a) that there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned; and

(b) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order of the High Court under sections 10 to 12.

(3) The High Court shall not order compensation to be paid under subsection (1) in any case where it appears to the High Court that the investigation would have been continued, or the proceedings would have been instituted or continued, as the case may be, if the serious default had not occurred.