TNAG-2697-FCO40-3903-Hong-Kong-drugs-1993 — Page 59

CONFIDENTIAL

(c)

to substitute a clearer definition of "realisable property" in relation to an external confiscation order;

(d)

to provide that a restraint order may apply to any realisable property; and

(e)

to modify the provisions dealing with applications for restraint and charging orders.

XCC(93)8.

FINANCIAL AND STAFFING IMPLICATIONS

11

The making of the Amendment Order will have no additional financial or staffing implications.

LEGISLATIVE TIMETABLE

12

Subject to Members' approval that the Amendment Order should be made, the legislative timetable will be -

Submission of the Order to the Legislative Council for approval by resolution

Publication in the Gazette and commencement of the Amendment Order

30 June 1993

2 July 1993

PUBLIC CONSULTATION

13

The proposals in the Amendment Order are technical amendments principally designed to clarify that confiscation orders made by courts in designated countries and territories may be executed in Hong Kong, notwithstanding the different procedural methods adopted by those countries and territories to obtain those orders. Separate public consultation on these technical amendments is not considered necessary.

PUBLIC REACTION

14

We expect a favourable reaction, but given the technical nature of these amendments, there is unlikely to be much interest in this exercise.

Executive Council