Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 12AA

Confiscation of assets

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 1 of 2003 s. 3

(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
Secretary for Justice within 28 days after the date of the conviction.
(Amended L.N. 362 of 1997)

(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

   (b)  may be made in respect of an offence under section 10(1)(b) where the
        facts that gave rise to that offence occurred before the date of
        commencement of the Prevention of Bribery (Amendment) Ordinance 1987
        (50 of 1987).

(7) A court may make orders under both subsection (1) and section  12 (3) in
respect of the same offence but shall not make orders under both provisions in
respect of the same pecuniary resources or property.

(8) An order under subsection (1) may make provision for taking possession of
pecuniary resources or property to which the order applies and for the
disposal of such resources or property by or on behalf of the Government.
(Amended 1 of 2003 s. 3) (Added 50 of 1987 s. 4)