TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 184

(a)

Page 27 of Annex

A

in relation to an external confiscation order made in

respect of specified property, the property which is

specified in the order; and

(b)

in any other case

-

(i)

any property held by the defendant; and

(ii)

any property held by a person to whom the

defendant has directly or indirectly made a

gift caught by this Ordinance.

Property is not realisable property if -

(2)

(a)

an order under section 102 or 103 of the Criminal

(b)

Procedure Ordinance (Cap. 221); or

an order under section 38F or 56 of the Dangerous Drugs

Ordinance (Cap. 134),

is in force in respect of the property.

(3)

(4)

Subject to the following subsections, for the purposes of

this Ordinance the value of property (other than cash) in relation to

any person holding the property

(a) where any other person holds an interest in the

(b)

property, is -

(i) the market value of the first mentioned

person's beneficial interest in the property,

less

(ii) the amount required to discharge any

incumbrance (other than a charging order) on

that interest; and

in any other case, is its market value.