Hong Kong Regulations

DRUG TRAFFICKING (RECOVERY OF PROCEEDS) (DESIGNATED COUNTRIES AND TERRITORIES) ORDER - PARAGRAPH 5

Evidence in relation to proceedings and orders in a designated country

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Amendments retroactively made-see 25 of 1998 s. 2

(1) For the purposes of sections 28 and 29 of the Ordinance, and of the other
provisions of the Ordinance as applied under paragraph 3(2), a certificate
purporting to be issued by or on behalf of the appropriate  authority of a
designated country stating-

   (a)  that proceedings have been instituted and have not been concluded, or
        that proceedings are to be instituted, there;

   (b)  that an external confiscation order is in force and is not subject to
        appeal;

   (c)  that all or a certain amount of the sum payable under an external
        confiscation order remains unpaid in the designated country, or that
        other property recoverable under an external confiscation order
        remains unrecovered there;

   (d)  that any person has been notified of any proceedings in accordance
        with the law of the designated country; or

   (e)  that an order (however described) made by a court in the
        designated country has the purpose of-

        (i)    recovering (including forfeiting and confiscating)- (A)
               payments or other rewards received in connection with drug
               trafficking or their value; (B) property derived or realised,
               directly or indirectly, from payments or other rewards received
               in connection with drug trafficking or the value of such
               property; or (C) property used or intended to be used in
               connection with drug trafficking or the value of such property;
               or

        (ii)   depriving a person of a pecuniary advantage obtained in
               connection with drug trafficking, (87 of 1997 ss. 1(2) & 36)
               shall, in any proceedings in the Court of First Instance, be
               admissible as evidence of the facts so stated. (25 of 1998 s.
               2)

(2) In any such proceedings a statement contained in a document, duly
authenticated, which purports to have been received in evidence or to be a
copy of a document so received, or to set out or summarize evidence given in
proceedings in a court in a designated country, shall be admissible as
evidence of any fact stated therein.

(3) A document is duly authenticated for the purposes of subparagraph (2) if
it purports to be certified by any person in his capacity as a judge,
magistrate or officer of the court in the designated  country, or by or on
behalf of the appropriate authority of the designated  country, to have been
received in evidence or to be a copy of a document so received or, as the case
may be, to be the original document containing or summarising the evidence or
a true copy of that document.

(4) Nothing in this paragraph shall prejudice the admission of any evidence,
whether contained in any document or otherwise, which is admissible apart from
this paragraph. (Enacted 1991)