Hong Kong Ordinances

PREVENTION OF BRIBERY ORDINANCE - SECT 14C

Restraining orders

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

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

   (a)  any property is in the possession of or under the control of or 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 prosecution 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 (including periodic
        payments of money), as it thinks fit, but subject as aforesaid, the
        suspected person and any 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 suspected person and any
third party to whom it is directed and may be served by delivering it to him
or them personally or may, where the 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 application ex parte by or on behalf of the Commissioner.
(Amended 15 of 1976 s. 3)

(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 Registry under the
Land Registration Ordinance ( Cap 128) in such manner as the Land Registrar
thinks fit. (Added 28 of 1980 s. 10. Amended 8 of 1993 ss. 2 & 3)

(3B) Where any property specified in a restraining order includes any debt or
obligation due by a bank or deposit-taking company to the person to whom the
notice is given the Commissioner may serve on such bank or deposit-taking
company a copy of that restraining order which copy restraining order shall
have the effect of directing the bank or deposit-taking company with respect
to the person specified in the copy restraining order not to pay, liquidate,
satisfy, settle or discharge that debt or obligation either in whole or in
part without the consent of the court. (Added 48 of 1996 s. 7)

(4) Subject to subsection (5), a restraining order with respect to property-

   (a)  of the description mentioned in subsection (1)(a) shall continue in
        force for a period of 12 months from the making thereof, but on
        application by or on behalf of the Commissioner the court may extend
        its operation for periods of 12 months at a time;

   (b)  of the description mentioned in subsection (1)(b) 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. (Replaced 48 of 1996
        s. 7)

(5) Where-

   (a)  a restraining order is made with respect to a third party or 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 a third party or a
        suspected person against whom a prosecution for such an offence is
        instituted, the restraining order shall, except in the case of a
        prosecution against a third party, 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 Commissioner. (Added 50 of 1987 s. 8)

(6) A suspected person or third party on whom a copy of a restraining order
has been served in accordance with subsection (3) or

(3B) of this section or section 14D(5) shall be guilty of an offence and shall
be liable on conviction to a fine of $50000 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.

(7) In this section and in sections 14D and 14E, "court" means the Court of
First Instance. (Added 48 of 1996 s. 7. Amended 25 of 1998 s. 2) (Added 9 of
1974 s. 7. Amended 48 of 1996 s. 7)
___________________________________________________________________________
___ Notes:
1. Please see the saving provisions contained in s. 18 of 48 of 1996, which
section is reproduced as follows-

"18. Savings

(1) Notwithstanding the repeal of section 14A of the principal Ordinance by
section 17 of this Ordinance, a written notice issued under section 14A(1) of
the principal Ordinance and in force immediately before the coming into
operation of this Ordinance, shall continue in force according to its tenor
for such period as it would have continued in force had section 14A of the
principal Ordinance not been repealed and shall as from the coming into
operation of this Ordinance be treated as if it were an order made by the
District Court and served under section 14C of the principal Ordinance prior
to its amendment by section 7 of this Ordinance.

(2) Notwithstanding the amendment of section 14C of the principal Ordinance by
section 7 of this Ordinance, an order issued under section  14C (1) of the
principal Ordinance and in force immediately before the coming into operation
of this Ordinance shall continue in force according to its tenor for such
period as it would have continued in force had section 14C of the principal
Ordinance not been amended and shall as from the coming into operation of this
Ordinance be treated as if it were an order made by the District Court and
served under section 14C of the principal Ordinance prior to its amendment by
section 7 of this Ordinance.".

2. For text of s. 14C prior to its amendment by s. 7 of 48 of 1996, please see
the Revised Edition of the Laws and ss. 2 & 3 of 8 of 1993.

"court" (法庭)