TNAG-2342-FCO40-3406-Drug-trafficking-agreements-between-Hong-Kong-and-other-coun-1991 — Page 194

Page 37 of Annex A

(7) Subsections (4) to (6) do not apply to property for the

time being subject to a charge under section 11.

(8) The High Court shall not in respect of any property

exercise the powers conferred by subsections (3) (a), (5) or (6)

unless a reasonable opportunity has been given for persons holding

any interest in the property to make representations to the High

Court.

13.

Application of proceeds of realisation

and other sums

(1) Subject to subsection (2), the following sums in the hands

of a receiver appointed under section 10 or 12 or in pursuance of a

charging order, that is

(a) the proceeds of the enforcement of any charge imposed

under section 11;

(16)

the proceeds of the realisation, other than by the

enforcement of such a charge, of any property under

section 10 or 12; and

(c) any other sums, being property held by the defendant,

shall first be applied in payment of such expenses incurred by a

person acting as an insolvency officer as are payable under section

18 (2) and then shall, after such payments (if any) as the High Court

may direct have been made out of those sums be paid to the Registrar

and applied for the purposes specified in subsections (4) to (6) and

in the order so specified.

(2) Where a fixed amount is payable under the external

confiscation order and, after that amount has been fully paid, any

such sums remain in the hands of such a receiver, the receiver shall

distribute those sums