TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 187

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

Page

30 of Annex A

(a) proceedings have been instituted in a designated

country;

(b)

the proceedings have not been concluded; and

(c)

either an external confiscation order has been made

in the proceedings or it appears to the High Court

that there are reasonable grounds for believing that

an external confiscation order may be made in them.

(2) Those powers are also exercisable where the High Court is

satisfied that proceedings are to be instituted in a designated

country or territory and it appears to the court that an external

confiscation order may be made in them.

(3)

(4) Where the High Court has made an order under section 10(1)

or 11(1) by virtue of subsection (2), it shall discharge the order

if the proposed proceedings are not instituted within such time as

the High Court considers reasonable.

10.

Restraint orders

(1) The High Court may by order (in this ordinance referred to

as a "restraint order" (BRU)) prohibit any person from

dealing with any realisable property, subject to such conditions and

exceptions as may be specified in the order.

(2)

A restraint order may apply

(a)

where an application under subsection (4) relates to

an external confiscation order made in respect of

specified property, to the property which is

specified in that order; and

(b) in any other case

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