Hong Kong Ordinances

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ORDINANCE - SECT 28

Registration of external confiscation orders

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) On an application made by the Secretary for Justice, the Court of First
Instance may register an external confiscation order if- (Amended L.N. 362 of
1997; 25 of 1998 s. 2)

   (a)  it is satisfied that at the time of registration the order is in force
        and not subject to appeal;

   (b)  it is satisfied, where any person against whom, or in relation to
        whose property, the order is made does not appear in the proceedings,
        that he received notice of the proceedings, in accordance with the law
        of the place outside Hong Kong concerned, in sufficient time to enable
        him to defend them; and

   (c)  it is of the opinion that enforcing the order in Hong Kong would not
        be contrary to the interests of justice.

(2) In subsection (1), "appeal" (上訴) includes-

   (a)  any proceedings by way of discharging or setting aside a judgment; and

   (b)  an application for a new trial or a stay of execution.

(3) For the purposes of this section, an external confiscation  order is
subject to appeal so long as an appeal, further appeal or review is pending
against the order; and for this purpose an appeal, further appeal or review
shall be treated as pending (where one is competent but has not been
instituted) until the expiration of the time prescribed for instituting the
appeal, further appeal or review under the law of the place outside Hong Kong
concerned.

(4) The Court of First Instance shall cancel the registration of an
external confiscation order if it appears to the Court of First Instance that
the order has been satisfied by- (Amended 25 of 1998 s. 2)

   (a)  payment of the amount due under it or by the person against whom it
        was made serving imprisonment in default of such payment;

   (b)  recovery of property specified in it (or the value of such property)
        or by the person against whom it was made serving imprisonment in
        default of such recovery; or

   (c)  any other means.

(5) Where an amount of money, if any, payable or remaining to be paid under an
external confiscation order registered in the Court of First Instance under
this section is expressed in a currency other than that of Hong Kong, for the
purpose of any action taken in relation to that order under Schedule 2 the
amount shall be converted into the currency of Hong Kong on the basis of the
exchange rate prevailing on the date of registration of the order. (Amended 25
of 1998 s. 2)

(6) For the purposes of subsection (5), a certificate purporting to be signed
by or on behalf of 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.

"appeal" (上訴)