TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 192

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

(7)

Page 35 of Annex A

An application for the discharge or variation of a

charging order may be made by any person affected by it.

(8) Subject to the provisions of this Ordinance, a charge

imposed by a charging order shall have the like effect and shall be

enforceable in the same manner as an equitable charge created by the

person holding the beneficial interest or, as the case may be, the

trustee, by writing under his hand.

11A.

Applications for restraint and charging orders

Notwithstanding anything in rule 3 (2) of Order 115 of the Rules

of the Supreme Court (Cap. 4 sub. leg.), an application under

section 10 (4) or 11(3) shall be supported by an affidavit which

shall

(a) state, where applicable, the grounds for believing

that an external confiscation order may be made in

the proceedings instituted or to be instituted in the

(b)

(c)

designated country concerned;

to the best of the deponent's ability, give

particulars of the realisable property in respect of

which the order is sought and specify the person or

persons holding such property;

in a case to which section 9(2) applies, indicate

when it is intended that proceedings should be

instituted in the designated country concerned,

and the affidavit may, unless the court otherwise directs, contain

statements of information or belief with the sources and grounds

thereof.

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