1964_PREVENTION_OF_BRIBERY_ORDINANCE — Page 22

1987 Ed.]

Prevention of Bribery

[CAP. 201

21

(3A) Where any property specified in a restraining order is immovable property, such order shall be deemed to be an instrument affecting land and shall be registrable as such in the Land Office under the Land Registration Ordinance in such manner as the Land Officer thinks fit. (Added, 28 of 1980, s. 10)

(4) Subject to subsection (5), a restraining order shall continue in force for a period of 6 months from the making thereof, but on application by or on behalf of the Commissioner the court may extend its operation for periods of 3 months at a time. (Amended, 28 of 1980, s. 10)

(5) Where-

(a) a restraining order is made with respect to property of a suspected person against whom a prosecution for an offence under this Ordinance has been instituted; or

(b) a restraining order is in force with respect to property of a suspected person against whom a prosecution for such an offence is instituted,

the restraining order shall continue in force until the proceedings on such prosecution have been finally determined and, if an order is made against that person under section 12(3) or 12AA, until that order has been set aside, complied with or enforced, as the case may be. (Amended, 50 of 1987, s. 8)

(5A) Nothing in subsection (4) or (5) shall prevent the court from making a further restraining order in respect of the same property on application ex parte by or on behalf of the Commis- sioner. (Added, 50 of 1987, s. 8}

(6) A third party on whom a restraining order has been served in accordance with subsection (3) of this section or section 14D(5) shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 or to the value of the property disposed of or otherwise dealt with, whichever is greater, and to imprisonment for 1 year if, during the continuance in force of the order, he knowingly disposes of or otherwise deals with any property specified in the restraining order otherwise than in accordance with directions of the court.

(Added, 9 of 1974, s. 7)

14D. (1) The Commissioner may at any time apply ex parte to the court for the revocation of a restraining order.

(2) A person on whom a restraining order has been served in accordance with section 14C(3) or subsection (5) of this section may at any time apply to the court for an order revoking or varying the order.

(3) The applicant under subsection (2) shall give to the Com- missioner such notice of the day fixed for the hearing of the application as a judge of the court may order.

(4) On the hearing of an application under subsection (2), the court may-

(Cap. 128.)

Variation and revocation of restraining orders.

f