Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 26

Satisfaction of Hong Kong confiscation order

(1) Where, in execution of a Hong Kong confiscation order pursuant to a
request under section 25, property is recovered in a place outside Hong Kong
but the order requires an amount specified therein to be payable, then that
amount shall be treated as reduced by the value of property so recovered.

(2) For the purposes of this section and without prejudice to the
admissibility of any evidence which may be admissible apart from this
subsection, a certificate purporting to be issued by or on behalf of an
appropriate authority of a place outside Hong Kong stating that property has
been recovered there in execution of a request under section 25, stating the
value of the property so recovered and the date on which it was recovered
shall, in any proceedings in a court in Hong Kong, be admissible as evidence
of the facts so stated.

(3) Where the value of property recovered as described in subsection (1) is
expressed in a currency other than that of Hong Kong, the extent to which the
amount payable under the Hong Kong confiscation  order is to be reduced under
that subsection shall be calculated on the basis of the exchange rate
prevailing on the date on which the property was recovered in the place
outside Hong Kong concerned.

(4) For the purposes of subsection (3), a certificate purporting to be signed
by the Monetary Authority and stating the exchange rate prevailing on a
specified date shall be admissible in any proceedings as evidence of the facts
so stated.