Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 83X

Restitution of property on conviction

(1) The operation of an order for the restitution of property to a person made
on a conviction on indictment shall (unless the court of trial direct to the
contrary in any case in which, in its opinion, the title to the property is
not in dispute) be suspended-

   (a)  in any case until the expiration of 28 days from the date of
        conviction; and

   (b)  where notice of appeal or of application for leave to appeal is given
        within 28 days from the date of conviction, until the determination of
        the appeal.

(2) In cases where the operation of such an order is suspended until the
determination of the appeal, the order shall not take effect as to the
property in question if the conviction is quashed on appeal.

(3) Provision may be made by rules and orders made under section 9 for
securing the safe custody of any property, pending the suspension of the
operation of any such order.

(4) The Court of Appeal may by order annul or vary any order made by the court
of trial for the restitution of property to any person, although the
conviction is not quashed; and the order, if annulled, shall not take effect
and, if varied, shall take effect as so varied. (Added 34 of 1972 s. 18) [cf.
1968 c. 19 s. 30 U.K.]