Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 12AB

Appeal against confiscation order

(1) Subject to this section, where an order is made under section  12AA in
respect of pecuniary resources or property held by a person other than the
person convicted, that other person may, within 28 days after the date of
making the order, appeal against the order to the Court of Appeal.

(2) On an appeal under this section the Court of Appeal may-

   (a)  confirm the order, with or without modification; or

   (b)  quash the order and make such other order (if any) under section 12AA
        as it thinks appropriate.

(3) Proceedings under this section shall not operate as a stay of execution of
an order unless the court which makes the order or the Court of Appeal
otherwise orders and any stay of execution may be subject to such conditions
as to costs, the giving of security or otherwise as the court or the Court of
Appeal thinks fit.

(4) Subject to this section, an appeal shall be brought in such manner and
shall be subject to such conditions as are prescribed by rules made under
subsection (5).

(5) The Criminal Procedure Rules Committee constituted under section 9 of the
Criminal Procedure Ordinance ( Cap 221) may make rules of procedure for the
purposes of this section. (Amended 13 of 1995 s. 28)

(6) Nothing in this section shall prejudice or affect the right of a convicted
person to appeal against his sentence under Part IV of the
Criminal Procedure Ordinance ( Cap 221). (Added 50 of 1987 s. 4)