1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 13

12

CAP. 201]

Confiscation of assets.

Prevention of Bribery

(b) a sum not exceeding the value of the property,

[1987 Ed.

the acquisition of which by him was not explained to the satisfaction of the court. (Added, 9 of 1974, s. 4)

(4) An order under subsection (3) may be enforced in the same manner as a judgment of the Supreme Court in its civil jurisdiction. (Added, 9 of 1974, s. 4)

(5) An order may be made under subsection (3) in respect of an offence under section 10(1)(b) where the facts that gave rise to that offence arose before 15 February 1974. (Added, 61 of 1980, s. 2)

12AA. (1) Subject to this section, where a person is convicted on indictment of an offence under section 10(1)(b) the court may, in addition to any penalty imposed under section 12(1), order the confiscation of any pecuniary resources or property-

(a) found at the trial to be in his control as provided in section

10; and

(b) of an amount or value not exceeding the amount or value of pecuniary resources or property the acquisition of which by him was not explained to the satisfaction of the court.

(2) Any application for an order under subsection (1) shall be made by the Attorney General within 28 days after the date of the conviction.

(3) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted unless that other person has been given reasonable notice that such an order may be made and has had an opportunity to show cause why it should not be made.

(4) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted if that other person satisfies the court in any proceedings to show cause under subsection (3) that he had-

(a) acted in good faith as regards the circumstances in which the pecuniary resources or property came to be held by him; and

(b) so acted in relation to the pecuniary resources or property

that an order in the circumstances would be unjust.

(5) Nothing in subsection (4) shall be construed as limiting the court's discretion to decline to make an order under subsection (1) on grounds other than those specified in subsection (4).

(6) An order under subsection (1)—–

(a) may be made subject to such conditions as the court thinks

fit in all the circumstances of the case; and