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amely that the whole of his property at the time of his conviction, together with any property that has passed through his hands in the preceding 6 years, represents the proceeds of drug trafficking, and that all of his expenditure in that 6 years was paid out of such proceeds.
5.
For the purpose of enforcing confiscation orders made under section 3, the court has power under sections 10 and 11 to freeze a person's property by imposing restraint and charging orders, and under section 8 to fix an additional term of imprisonment to be served by the offender if he fails to comply with any such order.
It
6. Section 25 creates a new offence of assisting a person to retain or conceal proceeds from drug trafficking. is meant to counteract the common practice amongst drug traffickers of "laundering" their profits from drug trafficking to conceal the illegal source of such profits. The maximum penalty for the new offence is a fine of HK$5 million and 14 years imprisonment. However, no offence is committed if a transaction believed or suspected to be a laundering transaction is reported to the authorities in the manner specified by the section.
7. Sections 28 and 29 empower the Governor in Council to designate by order countries and territories whose confiscation orders, and orders for restraint of property liable to confiscation, will be enforceable in Hong Kong and also to make provision in respect of Hong Kong confiscation orders which may be enforced in designated countries.
8.
Before the Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.
14 August 1989
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG,
Acting Law Draftsman.
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