TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 182

Page

25

of Annex A

(8) References to property held by a person include a reference

to property vested in his trustee in bankruptcy or in a liquidator.

(9) References to an interest held by a person beneficially in

property include, where the property is vested in his trustee in

bankruptcy or in a liquidator, a reference to an interest which would

be held by him beneficially if the property were not so vested.

(10) Property is transferred by one person to another if the

first person transfers or grants to the other any interest in the

property.

(11)

Proceedings are instituted in a designated country when

(a)

(b)

-

under the law of the designated country concerned one

of the steps specified in relation to that country in

column 2 of Schedule 1A has been taken there in respect

of alleged drug trafficking by the defendant; or

an application has been made to a court in a designated

country for an external confiscation order,

and where the application of this subsection would result in there

being more than one time for the institution of proceedings, they

shall be taken to have been instituted at the earliest of those times.

Proceedings are concluded -

(12)

(a) when, disregarding any power of a court to grant leave

to appeal out of time, there is no further possibility

of an external confiscation order being made in the

proceedings;

(b) on the satisfaction of an external confiscation order

made in the proceedings (whether by the recovery of all

property liable to be recovered, or the payment of any

amount due, or otherwise).