TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 7

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Ardinance to provide for the tracing, confiscation and recovery of the proceeds of drug trafficking, to create the offence of assisting drug traffickers to retain those proceeds, and for incidental or related matters.

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Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

PART I

PRELIMINARY

Short title and commencement

1. (1) This Ordinance may be cited as the Drug Trafficking (Recovery of Proceeds) Ordinance 1989.

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette and different days may be so appointed for different provisions and for different purposes.

Interpretation

2. (1) In this Ordinance, unless the context otherwise requires-

"authorized officer" (A) means—

(a) any police officer;

(b) any member of the Customs and Excise Service established by section 3 of the

Customs and Excise Service Ordinance (Cap. 342); and

(c) any other person authorized in writing by the Attorney General for the

purposes of this Ordinance:

"confiscation order" ( 4 ) means an order made under section 3(6);

"corresponding law" (M) has the same meaning as in section 2(1) of the

Dangerous Drugs Ordinance (Cap. 134);

"dangerous drug" () has the same meaning as in section 2(1) of the Dangerous

Drugs Ordinance (Cap. 134);

"defendant" () means a person against whom proceedings have been instituted for

a drug trafficking offence (whether or not he has been convicted of that offence); "drug trafficking" () means doing or being concerned in, whether in Hong Kong or

elsewhere, any act constituting—

(a) an offence specified in Schedule 1 (other than an offence under section 25); or

(b) an offence punishable under a corresponding law,

and includes entering into or being otherwise concerned in, whether in Hong Kong or elsewhere, an arrangement whereby