Hong Kong Ordinances

UNITED NATIONS (ANTI-TERRORISM MEASURES) ORDINANCE - SECT 17

Applications to Court of First Instance

not yet in operation

(1) Where-

   (a)  an application under section 5(1) has been made ex parte and in
        consequence thereof an order under section 5(2) has been published in
        the Gazette, then-

        (i)    any person specified in the order, or any person acting for or
               on behalf of the person so specified, may at any time make an
               application to the Court of First Instance for the order to be
               revoked to the extent that it relates to the person so
               specified;

        (ii)   any person by, for or on behalf of whom any property specified
               in the order is held, or any other person in respect of whom
               the Court of First Instance is satisfied that the person is
               affected by the order, may at any time make an application to
               the Court of First Instance for the order to be revoked to the
               extent that it relates to the property so specified;

   (b)  a notice has been given under section 6(1), then any person by, for or
        on behalf of whom any funds specified in the notice are held, or any
        other person in respect of whom the Court of First Instance is
        satisfied that the person is affected by the notice, may at any time
        make an application to the Court of First Instance for the notice to
        be revoked to the extent that it relates to the funds so specified.

(2) A person who makes an application under subsection (1) shall give a copy
of the application (and an affidavit, if any, and other relevant documents, if
any, in support)-

   (a)  to the Secretary for Justice and, in the case of an application under
        subsection (1)(a)(ii) or (b), to any other person by, for or on behalf
        of whom the property or funds concerned is or are held; and

   (b)  not later than 7 days before the date fixed for the hearing of the
        application or such shorter period as the Court of First Instance may
        permit pursuant to rules of court.

(3) On an application under subsection (1)-

   (a)  in the case of an application under subsection (1)(a)(i) or

        (ii)   , the presumption mentioned in section 5(4) shall not be
               applicable, whether for the purposes of the proceedings or
               otherwise, immediately upon the initiation of the proceedings
               and until the conclusion of the proceedings (including the
               conclusion of any appeal arising out of the proceedings); and

   (b)  the Court of First Instance shall grant the application unless-

        (i)    where subsection (1)(a)(i) is applicable, the Court of First
               Instance is satisfied that the person specified in the order
               concerned under section 5(2) is a terrorist or
               terrorist associate, as the case may be;

        (ii)   where subsection (1)(a)(ii) is applicable, the Court of First
               Instance is satisfied that the property specified in the order
               concerned under section 5(2) is terrorist property;

        (iii)  where subsection (1)(b) is applicable, the Court of First
               Instance is satisfied that there are reasonable grounds to
               suspect that the funds specified in the notice concerned under
               section 6(1) are terrorist property.

(4) An application for-

   (a)  the grant of a licence mentioned in section 6(1) or 8 may be made by
        any person affected by the operation of that section; or

   (b)  the variation of a licence mentioned in section 6(1) or 8 may be made
        by any person affected by the licence.

(5) A person who makes an application under subsection (4) shall give a copy
of the application (and affidavit, if any, and other relevant documents, if
any, in support)-

   (a)  to the Secretary for Justice and to any other person affected by the
        operation concerned of section 6(1) or 8, or the licence concerned, as
        the case may be; and

   (b)  not later than 7 days before the date fixed for the hearing of the
        application or such shorter period as the Court of First Instance may
        permit pursuant to rules of court.

(6) The Court of First Instance shall not grant an application under
subsection (4) unless it is satisfied that it is reasonable in all the
circumstances of the case to do so.

(7) Where-

   (a)  proceedings relating to an application under subsection

(4)(including proceedings relating to any appeal) are no longer pending; and

   (b)  the licence to which the application relates-

        (i)    is, or is still, required to be granted; or

        (ii)   is, or is still, required to be varied, as the case may be,
               then the Secretary shall, as soon as is practicable, cause the
               licence to be granted or varied, as the case may be,
               accordingly.