TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 186

8.

(b)

Page 29 of Annex A

it was made by the defendant at any time and was a gift

of property

(i)

received by the defendant in connection with

drug trafficking carried on by him or

another; or

(ii)

which in whole or in part directly or

indirectly represented in the defendant's

hands property received by him in that

connection.

(10) For the purposes of this Ordinance

(a)

(b)

the circumstances in which the defendant is to be

treated as making a gift include those where he

transfers property to another person directly or

indirectly for a consideration the value of which is

significantly less than the value of the consideration

provided by the defendant; and

in those circumstances, the preceding provisions of

this section shall apply as if the defendant had made a

gift of such share in the property as bears to the

whole property the same proportion as the difference

between the values referred to in paragraph (a) bears

to the value of the consideration provided by the

defendant.

9.

Cases in which restraint orders and charging orders may be made

(1) The powers conferred on the High Court by sections 10 (1)

and 11 (1) are exercisable where -