TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 59

54

(3) The power to make an order under this section includes power to modify this Ordinance in such a way as to confer power on a person to exercise a discretion.

(4) In this section and section 29--

"external confiscation order" means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value;

"modifications" includes additions, alterations and omissions.

Registration of external confiscation orders

29. (1) On an application made by or on behalf of the government of a designated country, the High Court may register an external confiscation order made there if

(a) it is satisfied that at the time of registration the order is in force and not subject

to appeal;

(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time. to enable him to defend them; and

(c) it is of the opinion that enforcing the order in Hong Kong would not be

contrary to the interests of justice.

(2) In subsection (1) “appeal” includes—

(a) any proceedings by way of discharging or setting aside a judgment; and

(b) an application for a new trial or a stay of execution.

(3) The High Court shall cancel the registration of an external confiscation order if it appears to the High Court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.

Evidence of corresponding law

30. Section 43 of the Dangerous Drugs Ordinance (Cap. 134) shall apply in relation to proceedings under this Ordinance as it applies in relation to proceedings for an offence under that Ordinance.

Amendment of Schedules

31. The Governor in Council may, by order, amend Schedules 1 and 2.

Consequential Amendments

Bankruptcy Ordinance

Effect of order of discharge

32. Section 32(1) of the Bankruptcy Ordinance (Cap. 6) is amended by adding after paragraph (a)

"(aa) from any liability to pay any amount under a confiscation order made under the Drug Trafficking (Recovery of Proceeds) Ordinance 1989 (35 of 1989); or".