TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 9

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(i) the retention or control by or on behalf of another person of that other person's

proceeds of drug trafficking is facilitated; or

(ii) the proceeds of drug trafficking by another person are used to secure that funds are placed at that other person's disposal or are used for that other person's benefit to acquire property by way of investment;

"drug trafficking offence" (17) means-

(a) any of the offences specified in Schedule 1;

(b) conspiracy to commit any of those offences;

(c) inciting another to commit any of those offences;

(d) attempting to commit any of those offences;

(e) aiding, abetting, counselling or procuring the commission of any of those

offences;

"interest" (M), in relation to property, includes right;

“material” ( ) means any book, document or other record in any form whatsoever,

and any container or article relating thereto;

"property" (M) includes both movable and immovable property within the meaning

of section 3 of the Interpretation and General Clauses Ordinance (Cap. 1);

“Registrar" ( ) means the Registrar of the Supreme Court.

(2) The expressions listed in the left hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Ordinance listed in the right hand column in relation to those expressions.

Expression

Relevant provision

Benefited from drug trafficking (*)

Charging order(抵押令)

Dealing with property (A ) ....

Gift caught by this Ordinance(受本條例囿制的饋贈)..

Making a gift(作出饋贈)

Proceeds of drug trafficking (46)

Realisable property (T)

Section 3(4)

Section 11(2)

Section 10(8)

Section 7(9)

Section 7(10)

Section 4(1)(a)

Section 7(1)

Restraint order(限制令)

Value of gift, payment or reward (AM · NX20HKEO) ...

Value of proceeds of drug trafficking (1K1)

Value of property(財產的價值)

Section 10(1)

Section 7

Section 4(1)(b) Section 7(4)

(3) This Ordinance applies to property whether it is situated in Hong Kong or elsewhere.

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