1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 21

20

CAP. 201]

Restraining orders.

Prevention of Bribery

[1987 Ed.

tion (1) of that section and as a result of that refusal the person is, before the determination of any application under this section against that refusal, unable to meet any contractual liability incurred before the notice was served on him, that person shall, if he is not charged with an offence arising out of the investigation or, having been so charged, is acquitted, be entitled to compensation for any loss sustained by him as a consequence of being unable to meet the contractual liability. (Added, 28 of 1980, s. 9)

(3B) Any compensation under subsection (3A) shall be paid from the general revenue. (Added, 28 of 1980, s. 9)

(4) In this section and in sections 14C, 14D and 14E "court" means the District Court.

(Added, 9 of 1974, s. 7)

14C. (1) If, on application ex parte by or on behalf of the Commissioner, the court is satisfied that-

(a) any property is due to a person (hereinafter in this section and in sections 14D and 14E referred to as the "suspected person"), who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Ordinance or against whom a prosecu- tion for such an offence has been instituted, from another person (hereinafter so referred to as the "third party"); or

(b) a third party is holding any property for or on behalf of or

to the order of a suspected person,

the court may make an order under this subsection (hereinafter so referred to as a "restraining order”).

(2) In making a restraining order the court may-

(a) impose such conditions; or

(b) exempt such property from the operation thereof (in-

cluding periodic payments of money),

as it thinks fit, but subject as aforesaid, the third party on whom a restraining order is served in accordance with subsection (3) shall not dispose of or otherwise deal with any property specified in the restraining order save in accordance with directions of the court.

(2A) A restraining order shall, if so provided in the order, apply to the income from any property specified therein as it applies to the property itself. (Added, 50 of 1987, s. 8)

(3) A restraining order shall be served on the third party to whom it is directed and on the suspected person and may be served by delivering it to him personally or may, where the District Court is satisfied that such person cannot be found or is not in Hong Kong, be served in such other manner as the court may direct on applica- tion ex parte by or on behalf of the Commissioner. (Amended, 15 of 1976, s. 3)