Cap. 455 《有組織及嚴重罪行條例》Organized and Serious Crimes Ordinance

This Ordinance may be cited as the Organized and Serious Crimes Ordinance.

(Omitted as spent—E.R. 2 of 2014)

In this Ordinance, unless the context otherwise requires—

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Ordinance listed in the right-hand column in relation to those expressions.

This Ordinance applies to property whether it is situated in Hong Kong or elsewhere.

References in this Ordinance (except in sections 25 and 25A) to offences or organized crimes include a reference to offences or organized crimes committed before the commencement of this Ordinance; but nothing in this Ordinance imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence instituted before the commencement of this Ordinance. (Amended 90 of 1995 s. 2)

For the purposes of this Ordinance—

For the purposes of this Ordinance—

For the purposes of this Ordinance, a person who has at any time (whether before or after the commencement of this Ordinance) received any payment or other reward in connection with the commission of an offence or an organized crime has benefited from that offence or organized crime, as the case may be.

References in this Ordinance to property received in connection with the commission of an offence or organized crime include a reference to property received both in that connection and in some other connection.

Subsections (11) to (17) shall have effect for the interpretation of this Ordinance.

Property is held by any person if he holds any interest in it.

References to property held by a person include a reference to property vested in his trustee in bankruptcy or in a liquidator.

References to an interest held by a person beneficially in property include, where the property is vested in his trustee in bankruptcy or in a liquidator, a reference to an interest which would be held by him beneficially if the property were not so vested.

Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.

Proceedings for an offence are instituted—

and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

Proceedings for an offence are concluded on the occurrence of one of the following events—

An application for a confiscation order made in respect of a defendant where section 8(1)(a)(ii) or (7A) is applicable is concluded—

An application under section 20(1A) in respect of a confiscation order made against a defendant is concluded—

An order or verdict (including an order or verdict of acquittal) is subject to appeal or review so long as an appeal, further appeal or review is pending against the order or verdict; 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—

Subject to subsection (19), nothing in this Ordinance shall require the disclosure of any items subject to legal privilege. (Added 26 of 2002 s. 3)

Subsection (18) shall not prejudice the operation of sections 3, 4 and 5. (Added 26 of 2002 s. 3)

[cf. 1986 c. 32 s. 38 U.K.]

The Secretary for Justice may, for the purpose of an investigation into an organized crime, make an ex parte application to the Court of First Instance for an order under subsection (2) in relation to a particular person or to persons of a particular description. (Amended L.N. 362 of 1997; 25 of 1998 s. 2)

The Court of First Instance may, if on such an application it is satisfied that the conditions in subsection (4)(a), (b) and (d) or subsection (4)(a), (c) and (d) are fulfilled, make an order complying with subsection (3) in respect of the particular person, or persons of the particular description, to whom the application relates. (Amended 25 of 1998 s. 2)

An order under subsection (2) shall—

The conditions referred to in subsection (2) are—

Where an order under subsection (2) authorizes the Secretary for Justice to require a person to answer questions or otherwise furnish information with respect to any matter that reasonably appears to an authorized officer to be relevant to an investigation, the Secretary for Justice may by one, or more than one, notice in writing served on that person require him to attend before an authorized officer at a specified time and place, or at specified times and places, and answer questions or otherwise furnish information with respect to any matter that reasonably appears to the authorized officer to be relevant to the investigation. (Amended L.N. 362 of 1997)

Where an order under subsection (2) authorizes the Secretary for Justice to require a person to produce any material that reasonably appears to the Secretary for Justice to relate to any matter relevant to an investigation, or any material of a class that reasonably appears to him so to relate, the Secretary for Justice may by one, or more than one, notice in writing served on that person require him to produce at a specified time and place, or at specified times and places, any specified material that reasonably appears to him so to relate or any material of a specified class that reasonably appears to him so to relate. (Amended L.N. 362 of 1997)

A notice in writing imposing a requirement on a person under subsection (5) or (6) shall—

An authorized officer may photograph or make copies of any material produced in compliance with a requirement under this section.

A person shall not under this section be required to furnish any information or produce any material relating to items subject to legal privilege, except that a lawyer may be required to furnish the name and address of his client.

An order under subsection (2), and a notice in writing imposing a requirement under subsection (5) or (6), may be made in relation to information held by, and material in the possession of, a public body as defined in section 28.

A person is not excused from furnishing information or producing any material required under this section on the ground that to do so—

A statement by a person in response to a requirement imposed by virtue of this section may not be used against him in criminal proceedings against him except as follows—

Any person who without reasonable excuse fails to comply with a requirement imposed on him under this section commits an offence and is liable to a fine at level 6 and to imprisonment for 1 year.

Any person who, in purported compliance with a requirement under this section—

commits an offence and is liable—

Where an order under subsection (2) has been made the Secretary for Justice, or a person authorized in writing by the Secretary for Justice for the purpose of this subsection, may, after satisfying any conditions that may be prescribed by rules of court in this respect, obtain a copy of the order; but subject to the foregoing part of this subsection and to subsection (7)(b), no person is entitled to obtain a copy of the order or any part of the order. (Amended L.N. 362 of 1997)

Where a requirement imposed on a person under this section relates to material which consists of information recorded otherwise than in legible form—

An application for the discharge or variation of an order made under this section may be made by any person on whom a requirement is imposed under the order.

Rules of court—

The Secretary for Security shall prepare a code of practice in connection with—

by this section, and any such code shall be laid before the Legislative Council and shall not be promulgated until the code has been approved by the Legislative Council.

The Secretary for Justice or an authorized officer may, for the purpose of an investigation into—

make an ex parte application to the Court of First Instance for an order under subsection (2) in relation to particular material or material of a particular description, whether in Hong Kong or, in the case of an application by the Secretary for Justice, elsewhere. (Amended L.N. 362 of 1997; 25 of 1998 s. 2)

Subject to subsection (5) and section 28(10), the court may, if on such an application it is satisfied that the conditions in subsection (4)(a), (c) and (d) or subsection (4)(b), (c) and (d) are fulfilled, make an order that the person who appears to the court to be in possession or control of the material to which the application relates shall—

within such period as the order may specify.

The period to be specified in an order under subsection (2) shall be 7 days unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances of the application.

The conditions referred to in subsection (2) are—

Where an application under subsection (1) relates to material of a particular description, an order under subsection (2) shall only be made where an application in relation to particular material is not reasonably practicable.

Where a court makes an order under subsection (2)(b) in relation to material on any premises it may, on the same or a subsequent application of an authorized officer, order any person who appears to it to be entitled to grant entry to the premises to allow an authorized officer to enter the premises to obtain access to the material.

An application for the discharge or variation of an order made under subsection (2) or (6) may be made by any person who is subject to the order.

Rules of court—

Where material to which an application under this section relates consists of information recorded otherwise than in legible form—

Where an order made under subsection (2)(a) relates to information recorded otherwise than in legible form, an authorized officer may by notice in writing require the person to produce the material in a form in which it is visible and legible and can be taken away, and may by like notice release the person from any obligation under the order to produce the material in the form in which it was recorded.

An order under subsection (2)—

A person is not excused from producing any material in relation to which an order under subsection (2) is made on the ground that to do so—

Any person who without reasonable excuse fails to comply with an order made under subsection (2) commits an offence and is liable to a fine at level 6 and to imprisonment for 1 year.

An authorized officer may photograph or make copies of any material produced under this section.

[cf. 1986 c. 32 s. 27 U.K.]

An authorized officer may, for the purpose of an investigation into—

apply to the Court of First Instance or the District Court for a warrant under this section in relation to specified premises. (Amended 25 of 1998 s. 2)

On such application the court may issue a warrant authorizing an authorized officer to enter and search the premises if it is satisfied—

The conditions referred to in subsection (2)(c) are—

The conditions referred to in subsection (2)(d) are—

Where an authorized officer has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be relevant to the investigation for the purpose of which the warrant was issued.

Any person who hinders or obstructs an authorized officer in the execution of a warrant issued under this section commits an offence and is liable—

An authorized officer may photograph or make copies of any material seized under this section.

Notwithstanding section 83 of the Interpretation and General Clauses Ordinance (Cap. 1), but subject to this section, a warrant may be issued under this section authorizing entry to premises for the purpose of searching for or seizing material which is known or suspected to be journalistic material. (Added 88 of 1995 s. 6)

[cf. 1986 c. 32 s. 28 U.K.]

Where any information subject to an obligation of secrecy under the Inland Revenue Ordinance (Cap. 112) has been obtained from the Commissioner of Inland Revenue or any officer of the Inland Revenue Department under or by virtue of section 3, 4 or 5, that information may be disclosed by any authorized officer to the Secretary for Justice for the purposes of—

but may not otherwise be disclosed.

Subject to subsection (1), information obtained by any person under or by virtue of section 3, 4 or 5 may be disclosed by any authorized officer—

Subsection (2) is without prejudice to any other right to disclose information obtained under or by virtue of section 3, 4 or 5 that may exist apart from subsection (2).

Where an order under section 3 or 4 has been made or has been applied for and has not been refused or a warrant under section 5 has been issued, a person who, knowing or suspecting that the investigation in relation to which the order has been made or applied for or the warrant has been issued is taking place—

commits an offence.

Where a person has been arrested in connection with an investigation specified in subsection (1), that subsection shall not apply as regards any disclosure in respect of the investigation made after such arrest.

A person who commits an offence under this section is liable—

Where—

the Court of First Instance or the District Court, as the case may be, shall act as follows. (Replaced 90 of 1995 s. 6. Amended 25 of 1998 s. 2)

(Repealed 90 of 1995 s. 6)

The court shall—

Where subsection (3)(c)(i)(B)(II) is applicable, and notwithstanding that the court is satisfied as mentioned in that subsection that actions have been taken, the court may, if it is satisfied that it is in the interests of justice to do so, require that notice of the proceedings mentioned in that subsection be given to the person mentioned in that subsection in such additional manner as the court may direct. (Added 26 of 2002 s. 3)

The court shall then determine—

and, if he has, whether his proceeds of that specified offence or offences are in total at least $100,000. (Replaced 90 of 1995 s. 6)

If the court has determined—

the court shall then determine whether the person has benefited from organized crime. (Replaced 90 of 1995 s. 6)

If the court determines that his proceeds of the specified offence or offences are in total at least the amount specified in subsection (4), the court shall determine in accordance with section 11 the amount to be recovered in his case by virtue of this section.

The court shall then, in respect of the offence or offences concerned, order the person to pay—

Where—

then that application may still be concluded notwithstanding that death or abscondment, as the case may be. (Added 90 of 1995 s. 6)

Where subsection (7A) is applicable in relation to a person who has died—

Where subsection (7A) is applicable in relation to a person who has absconded, the court shall not make a confiscation order against the person unless it is satisfied that—

(Added 90 of 1995 s.6)

Where subsection (7C)(b)(ii) is applicable, and notwithstanding that the court is satisfied as mentioned in that subsection that actions have been taken, the court may, if it is satisfied that it is in the interests of justice to do so, require that notice of the proceedings mentioned in that subsection be given to the person mentioned in that subsection in such additional manner as the court may direct. (Added 26 of 2002 s. 3)

For the purposes of subsection (3)(b)(i)(B) or (ii) or (c)(i)(C) or (ii), information may be furnished to the court after the person has died or absconded, as the case may be. (Replaced 90 of 1995 s. 6)

For the purposes of any Ordinance conferring rights of appeal in criminal cases, a confiscation order made against a person shall be deemed to be a sentence passed on that person in respect of the offence or offences concerned and, in the case of any such person who has died (whether before or after the making of such order), his personal representative may act on his behalf for those purposes. (Added 90 of 1995 s. 6)

It is hereby declared that the standard of proof required to determine any question arising under this Ordinance as to—

shall be on the balance of probabilities. (Added 90 of 1995 s. 6)

The fact that—

shall not be admissible in evidence in any proceedings for an offence. (Added 90 of 1995 s. 6)

For the avoidance of doubt, it is hereby declared that where an application is made for a confiscation order in any case where subsection (1)(a)(ii)(A) is applicable, the personal representatives of the deceased person concerned shall, for the purposes of opposing the application, be entitled to be heard on the application and to call, examine and cross-examine any witness. (Added 90 of 1995 s. 6)

Where—

then the provisions of this Ordinance as amended by that Ordinance shall apply in relation to that person as they would apply in relation to a person against whom, on or after that commencement, proceedings for one or more specified offences have been instituted but have not been concluded because that last-mentioned person has absconded. (Added 90 of 1995 s. 6)

Where—

then the provisions of this Ordinance as amended by that Ordinance shall apply in relation to that person as they would apply in relation to a person to whom subsection (7A) is applicable because he has absconded. (Added 90 of 1995 s. 6)

For the purposes of—

Where subsection (1)(a)(ii)(A) or (B) is applicable, the reference in that subsection to one or more specified offences includes any offence previously specified in Schedule 1 or 2, and the other provisions of this section and this Ordinance (including paragraphs (b) to (e) of the definition of specified offence in section 2(1) and any subsidiary legislation) shall be construed accordingly. (Added 26 of 2002 s. 3)

[cf. 1986 c. 32 s. 1 U.K.; 1988 c. 33 s. 72 U.K.]

The Court of First Instance or the District Court, as the case may be, may, for the purpose of determining whether— (Amended 25 of 1998 s. 2)

has benefited from organized crime, and if he has, of assessing the value of his proceeds of organized crime, make the following assumptions, except to the extent that the defendant (or, in the case of a defendant who has died, his personal representative on his behalf) shows that any of the assumptions are incorrect in his case. (Replaced 90 of 1995 s. 7)

Those assumptions are—

For the purpose of assessing the value of the defendant’s proceeds of organized crime in a case where a confiscation order, or an order under section 3(6) of the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405), has previously been made against him, the court shall leave out of account any proceeds of organized crime that are shown to the court to have been taken into account in determining the amount to be recovered under that order.

[cf. 1986 c. 32 s. 2 U.K.]

Where an application is made for a confiscation order, the prosecutor may tender to the Court of First Instance or the District Court, as the case may be, a statement of matters relevant to any of the following— (Amended 25 of 1998 s. 2)

Where any statement has been tendered under subsection (1)—

Where any statement has been tendered under subsection (1) and the court is satisfied that a copy of the statement has been served on the defendant, it may require the defendant—

Where the court has given a direction under this section, it may at any time vary it by giving a further direction. (Added 90 of 1995 s. 8)

Where the defendant accepts to any extent any allegation in any statement tendered under subsection (1), the court may, for the purposes of—

treat his acceptance as conclusive of the matters to which the allegation relates. (Replaced 90 of 1995 s. 8)

If the defendant fails in any respect to comply with a requirement under subsection (1B), he may be treated for the purposes of this section as accepting every allegation in the statement apart from— (Amended 90 of 1995 s. 8)

Where—

the court may, for the purposes of that determination, treat the acceptance by the prosecutor as conclusive of the matters to which it relates.

An allegation may be accepted, or particulars of any matter may be given, for the purposes of this section in writing in a form acceptable to the court. (Replaced 90 of 1995 s. 8)

No acceptance by the defendant under this section that—

shall be admissible in evidence in any proceedings for an offence. (Replaced 90 of 1995 s. 8)

In any proceedings on an application made for a confiscation order where section 8(1)(a)(ii) or (7A) is applicable—

For the avoidance of doubt, it is hereby declared that, where section 8(1)(a)(ii) is applicable, this section shall not prejudice the generality of section 8(8). (Added 90 of 1995 s. 8)

For the avoidance of doubt, it is hereby declared that an allegation may be accepted under this section, and may always have been so accepted, whether or not subsection (7)(a) or (b) is applicable to the defendant, and subsection (3) shall be construed accordingly. (Added 26 of 2002 s. 3)

[cf. 1986 c. 32 s. 3 U.K.]

Subject to subsection (3), the amount to be recovered in the defendant’s case under the confiscation order shall be the amount the Court of First Instance or the District Court, as the case may be, assesses to be the value of the defendant’s proceeds of any specified offence to which section 8(4) applies or, where the court has determined under section 8(3)(a)(i) that a specified offence is an organized crime or under section 8(3)(b)(ii) or (c)(ii) that a specified offence could have been an organized crime, all organized crime which he has committed. (Amended 90 of 1995 s. 9; 25 of 1998 s. 2)

If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under section 10 or otherwise), the court may issue a certificate giving the court’s opinion as to the matters concerned and shall do so if satisfied as mentioned in subsection (3).

If the court is satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the defendant’s proceeds for the purpose of subsection (1), the amount to be recovered in the defendant’s case under the confiscation order shall be—

The amount to be recovered under a confiscation order shall be treated as a judgment debt for the purposes of—

and, for those purposes, the date of the confiscation order shall be treated as the date of the judgment debt.

Where by virtue of subsection (1) any interest accrues on the amount to be recovered under a confiscation order, the defendant shall be liable to pay that interest and the amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.

Property is not realisable property if—

is in force in respect of the property.

For the purposes of this Ordinance the amount that might be realised at the time a confiscation order is made against the defendant is— (Amended 90 of 1995 s. 11)

together with the total of the values at that time of all gifts caught by this Ordinance.

Subject to subsections (5) to (10), for the purposes of this Ordinance the value of property (other than cash) in relation to any person holding the property—

Subject to subsection (10), if at the material time the recipient holds—

the value referred to in subsection (5)(b) is the value to him at the material time of the property mentioned in paragraph (a) or, as the case may be, of the property mentioned in paragraph (b), so far as it so represents the property which he received, but disregarding in either case any charging order.

For the purposes of subsection (3), an obligation has priority at any time if it is an obligation of the defendant to—

A gift (including a gift made before the commencement of this Ordinance) is caught by this Ordinance if—

For the purposes of this Ordinance—

For the purposes of subsection (1)—

Where a person obtains a pecuniary advantage in connection with the commission of an offence, or the commission of one or more organized crimes, he is to be treated for the purposes of this Ordinance as if he had obtained in connection with that offence or those crimes, as the case may be, a sum of money equal to the value of that advantage, and the other provisions of this Ordinance shall be construed accordingly. (Added 87 of 1997 s. 36)

[cf. 1986 c. 32 s. 5 U.K.]

Subject to this section, where the Court of First Instance or the District Court, as the case may be, makes a confiscation order— (Amended 90 of 1995 s. 12; 25 of 1998 s. 2)

The court shall not under subsection (1)(a)(i) fix a period longer than 6 months unless it is satisfied that there are special circumstances which justify it doing so. (Added 26 of 2002 s. 3)

The terms set out in column 2 of the following table shall be the maximum terms of imprisonment under subsection (1) applicable respectively to the amounts set out opposite thereto.

Subsections (1) and (2) shall apply in relation to the District Court. (Replaced 90 of 1995 s. 12)

For the avoidance of doubt, it is hereby declared that no limitation on the jurisdiction of the District Court as to the imposition of penalties set out in section 82 of the District Court Ordinance (Cap. 336) shall be construed so as to prejudice the operation of subsection (3). (Added 90 of 1995 s. 12)

Where the defendant—

the term of imprisonment mentioned in paragraph (a) shall not begin to run until after the end of the term of imprisonment or detention mentioned in paragraph (b).

For the purposes of subsection (4)—

Sections 86 and 109A of the Criminal Procedure Ordinance (Cap. 221) shall not apply in relation to fixing a term of imprisonment under this section. (Amended 90 of 1995 s. 12)

This section shall not apply in relation to a confiscation order where section 8(1)(a)(ii) or (7A) is applicable. (Added 90 of 1995 s. 12)

At the end of each day’s sitting of the Court of First Instance or the District Court, the Registrar of the High Court or District Court, as the case may be, shall deliver (or cause to be delivered) to the Commissioner of Correctional Services a certificate, in the form specified in Schedule 5, in respect of each term of imprisonment fixed under this section. (Added 90 of 1995 s. 12. Amended 25 of 1998 s. 2)

A certificate referred to in subsection (8) shall be a sufficient warrant to the Commissioner of Correctional Services for receiving into his custody the defendant named in the certificate and for carrying into effect the term of imprisonment fixed under this section in respect of that defendant. (Added 90 of 1995 s. 12)

[cf. 1986 c. 32 s. 6 U.K.]

The powers conferred on the Court of First Instance by sections 15(1) and 16(1) are exercisable where—

Subject to subsection (1B), where a power conferred on the Court of First Instance by section 15(1) or 16(1) is exercisable only on the ground mentioned in subsection (1)(ba), then the Court of First Instance shall specify a date on which any restraint order or charging order arising from that ground shall expire, being a date—

The Court of First Instance may extend a restraint order or charging order mentioned in subsection (1A)—

Those powers are also exercisable where the Court of First Instance is satisfied—

For the purposes of sections 15 and 16, in relation to the exercise of those powers at any time before proceedings have been instituted, references in this Ordinance—

Where the Court of First Instance has made an order under section 15(1) or 16(1) by virtue of subsection (2), the Court of First Instance shall discharge the order if proceedings in respect of the offence are not instituted within such time as the Court of First Instance considers reasonable.

A restraint order may apply—

This section shall not have effect in relation to any property for the time being subject to a charge under section 16.

A restraint order—

A restraint order—

An application for the discharge or variation of a restraint order may be made by any person affected by it.

Where the Court of First Instance has made a restraint order, the Court of First Instance may at any time appoint a receiver—

subject to such exceptions and conditions as may be specified by the Court of First Instance; and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver. (Amended 25 of 1998 s. 2)

(Repealed 90 of 1995 s. 14)

Where the Court of First Instance has made a restraint order, an authorized officer may, for the purpose of preventing any realisable property being removed from Hong Kong, seize the property. (Amended 25 of 1998 s. 2)

Property seized under subsection (9) shall be dealt with in accordance with the directions of the Court of First Instance. (Amended 25 of 1998 s. 2)

Where any property specified in a restraint order is immovable property the order shall, for the purposes of the Land Registration Ordinance (Cap. 128)—

An authorized officer may, by notice in writing served on a person who holds any realisable property the subject of a restraint order, require the person to deliver to the authorized officer, to the extent that it is practicable to do so, documents, or copies of documents, or any other information (in whatever form), in his possession or control which may assist the authorized officer to determine the value of the property. (Added 26 of 2002 s. 3)

A person who receives a notice under subsection (12) shall, as soon as is practicable after receipt of the notice, comply with the notice to the extent that it is practicable to do so taking into account the nature of the realisable property the subject of the restraint order concerned. (Added 26 of 2002 s. 3)

A disclosure made in order to comply with a requirement under subsection (12)—

Any person who contravenes subsection (13) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year. (Added 26 of 2002 s. 3)

A person who knowingly deals in any realisable property in contravention of a restraint order commits an offence. (Added 26 of 2002 s. 3)

A person who commits an offence under subsection (16) is liable—

The Court of First Instance may make a charging order on realisable property for securing the payment to the Government— (Amended 25 of 1998 s. 2)

For the purposes of this Ordinance, a charging order is an order made under this section imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Government.

A charging order—

Subject to subsection (6), a charge may be imposed by a charging order only on—

In any case where a charge is imposed by a charging order on any interest in an asset of a kind specified in Schedule 3, the Court of First Instance may provide for the charge to extend to any interest, dividend or other distribution payable and any bonus issue in respect of the asset. (Amended 25 of 1998 s. 2)

In relation to a charging order, the Court of First Instance—

An application for the discharge or variation of a charging order may be made by any person affected by it.

Subject to the provisions of this Ordinance, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the person holding the beneficial interest or, as the case may be, the trustee, by writing under his hand.

An authorized officer may, by notice in writing served on a person who holds any realisable property the subject of a charging order, require the person to deliver to the authorized officer, to the extent that it is practicable to do so, documents, or copies of documents, or any other information (in whatever form), in his possession or control which may assist the authorized officer to determine the value of the property. (Added 26 of 2002 s. 3)

A person who receives a notice under subsection (9) shall, as soon as is practicable after receipt of the notice, comply with the notice to the extent that it is practicable to do so taking into account the nature of the realisable property the subject of the charging order concerned. (Added 26 of 2002 s. 3)

A disclosure made in order to comply with a requirement under subsection (9)—

Any person who contravenes subsection (10) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year. (Added 26 of 2002 s. 3)

A person who knowingly deals in any realisable property in contravention of a charging order commits an offence. (Added 26 of 2002 s. 3)

A person who commits an offence under subsection (13) is liable—

Where—

the Court of First Instance may, on an application by the prosecutor, exercise the powers conferred by subsections (2) to (6).

The Court of First Instance may appoint a receiver in respect of realisable property.

The Court of First Instance may empower a receiver appointed under subsection (2), under section 15 or in pursuance of a charging order—

The Court of First Instance may order any person having possession of realisable property to give possession of it to any such receiver.

The Court of First Instance may empower any such receiver to realise any realisable property in such manner as the Court of First Instance may direct.

The Court of First Instance may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Ordinance as the Court of First Instance may direct and the Court of First Instance may, on the payment being made, by order transfer, grant or extinguish any interest in the property.

Subsections (4) to (6) do not apply to property for the time being subject to a charge under section 16.

The Court of First Instance shall not in respect of any property exercise the powers conferred by subsection (3)(a), (5) or (6) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the Court of First Instance.

Subject to subsection (2), the following sums in the hands of a receiver appointed under section 15 or 17 or in pursuance of a charging order, that is—

shall first be applied in payment of such expenses incurred by a person acting as an insolvency officer as are payable under section 23(2) and then shall, after such payments (if any) as the Court of First Instance may direct have been made out of those sums— (Amended 25 of 1998 s. 2)

If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of such a receiver, the receiver shall distribute those sums—

as the Court of First Instance may direct after giving a reasonable opportunity for such persons to make representations to the Court of First Instance. (Amended 25 of 1998 s. 2)

The receipt of any sum by the Registrar on account of an amount payable under a confiscation order shall reduce the amount so payable, but the Registrar shall apply the sum received for the purposes specified in this section and in the order so specified.

The Registrar shall first pay any expenses incurred by a person acting as an insolvency officer and payable under section 23(2) but not already paid under subsection (1).

If the sum was paid to the Registrar by a receiver appointed under section 15 or 17 or in pursuance of a charging order, the Registrar shall next pay the receiver’s remuneration and expenses.

After making—

the Registrar shall reimburse any amount paid under section 24(2).

Any balance in the hands of the Registrar after he has made all payments required by the foregoing subsections shall be paid into the general revenue. (Amended 90 of 1995 s. 17)

[cf. 1986 c. 32 s. 12 U.K.]

This section applies to the powers conferred on the Court of First Instance by sections 15 to 18, or on a receiver appointed under section 15 or 17 or in pursuance of a charging order. (Amended 25 of 1998 s. 2)

Subject to subsections (3), (4), (5) and (6), the powers shall be exercised with a view to making available for satisfying the confiscation order or, as the case may be, any confiscation order that may be made in the defendant’s case the value for the time being of realisable property held by any person by the realisation of such property.

In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by this Ordinance, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.

The powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.

An order may be made or other action taken in respect of a debt owed by the Government.

In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the confiscation order.

[cf. 1986 c. 32 s. 13 U.K.]

If, on an application by the prosecutor or the defendant (or, in the case of a defendant who has died, his personal representative on his behalf) in respect of a confiscation order, the Court of First Instance is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the confiscation order, the Court of First Instance shall make an order— (Amended 90 of 1995 s. 19)

If, on an application by the prosecutor made in respect of a confiscation order, the Court of First Instance is satisfied that any of the conditions referred to in subsection (1B) are fulfilled, the Court of First Instance may make an order—

The conditions referred to in subsection (1A) are—

For the purposes of this section— (Amended 90 of 1995 s. 19)

No application shall be entertained by the Court of First Instance under subsection (1A) if it is made after the end of the period of 6 years beginning with the date on which the confiscation order concerned was made. (Added 90 of 1995 s. 19)

Where a person who holds realisable property is adjudged bankrupt—

are excluded from the property of the bankrupt for the purposes of the Bankruptcy Ordinance (Cap. 6).

Where a person has been adjudged bankrupt, the powers conferred on the Court of First Instance by sections 15 to 18 shall not be exercised in relation to— (Amended 25 of 1998 s. 2)

Nothing in the Bankruptcy Ordinance (Cap. 6) shall be taken as restricting, or enabling the restriction of, the exercise of the powers conferred on the Court of First Instance by sections 15 to 18. (Amended 25 of 1998 s. 2)

Subsection (2) does not affect the enforcement of a charging order—

Where, in the case of a debtor, an interim trustee stands appointed under section 13 of the Bankruptcy Ordinance (Cap. 6) and any property of the debtor is subject to a restraint order, the powers conferred on the interim trustee by virtue of that Ordinance do not apply to property for the time being subject to the restraint order. (Amended 18 of 2005 s. 48)

Where a person is adjudged bankrupt and has directly or indirectly made a gift caught by this Ordinance—

Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for voluntary winding up, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to—

Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the Court of First Instance by sections 15 to 18 shall not be exercised in relation to any realisable property held by the company in relation to which the functions of the liquidator are exercisable— (Amended 25 of 1998 s. 2)

Nothing in the Companies Ordinance (Cap. 622) or the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) shall be taken as restricting, or enabling the restriction of, the exercise of the powers conferred on the Court of First Instance by sections 15 to 18. (Amended 25 of 1998 s. 2; 28 of 2012 ss. 912 & 920)

Subsection (3) shall apply to any proceedings relating to an appeal, further appeal or review against any exercise of the powers referred to in that subsection as if the court hearing the appeal, further appeal or review, as the case may be, were the Court of First Instance. (Added 90 of 1995 s. 21. Amended 25 of 1998 s. 2)

Subsection (2) does not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time.

In this section—

Without prejudice to the generality of any provision contained in the Bankruptcy Ordinance (Cap. 6), the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) or any other Ordinance, where— (Amended 28 of 2012 ss. 912 & 920)

he shall not be liable to any other person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence; and the insolvency officer shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his acting in connection with those proceedings.

Any insolvency officer who incurs expenses—

shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under that subsection) to payment of those expenses under section 18(1) or (4).

[cf. 1986 c. 32 s. 17A U.K.]

Where a receiver appointed under section 15 or 17 or in pursuance of a charging order takes any action—

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

Any amount due in respect of the remuneration and expenses of a receiver so appointed shall, if no sum is available to be applied in payment of it under section 18(5), be paid by the prosecutor or, in a case where proceedings for a specified offence are not instituted, by the person on whose application the receiver was appointed.

[cf. 1986 c. 32 s. 18 U.K.]

Subject to section 25A, a person commits an offence if, knowing or having reasonable grounds to believe that any property in whole or in part directly or indirectly represents any person’s proceeds of an indictable offence, he deals with that property.

In proceedings against a person for an offence under subsection (1), it is a defence to prove that—

A person who commits an offence under subsection (1) is liable—

In this section and section 25A, references to an indictable offence include a reference to conduct which would constitute an indictable offence if it had occurred in Hong Kong.

Where a person knows or suspects that any property—

an indictable offence, he shall as soon as it is reasonable for him to do so disclose that knowledge or suspicion, together with any matter on which that knowledge or suspicion is based, to an authorized officer.

If a person who has made a disclosure referred to in subsection (1) does any act in contravention of section 25(1) (whether before or after such disclosure), and the disclosure relates to that act, he does not commit an offence under that section if—

A disclosure referred to in subsection (1)—

In the case of a person who was in employment at the relevant time, this section shall have effect in relation to disclosures to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as it has effect in relation to disclosures to an authorized officer.

A person commits an offence if, knowing or suspecting that a disclosure has been made under subsection (1) or (4), he discloses to any other person any matter which is likely to prejudice any investigation which might be conducted following that first-mentioned disclosure.

In proceedings against a person for an offence under subsection (5), it is a defence to prove—

A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months.

A person who commits an offence under subsection (5) is liable—

Information obtained under or by virtue of a disclosure referred to in subsection (1) may be disclosed—

Subsection (9) is without prejudice to any other right to disclose information obtained under or by virtue of a disclosure referred to in subsection (1) that may exist apart from subsection (9). (Added 21 of 2004 s. 24)

Subject to subsection (2), no witness in any civil or criminal proceedings shall be obliged—

Subsection (1) shall not apply in any proceedings—

Subject to subsections (4), (5) and (6), no person shall publish or broadcast any information so as to reveal or suggest—

Subsection (3) shall not apply in respect of proceedings—

The court or a magistrate may, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (3) to such extent as may be specified in the order.

If information is published or broadcast in contravention of subsection (3), each of the following persons—

commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

Proceedings for an offence under this section shall not be instituted except with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

In this section—

This section applies where, in proceedings in the District Court or the Court of First Instance, a person has been convicted of a specified offence. (Amended 25 of 1998 s. 2)

The prosecution may furnish information to the court regarding any or all of the following—

Only information that would be admissible in evidence in criminal proceedings (including proceedings in respect of sentencing) may be furnished to the court under subsection (2).

If the prosecution so requests, the court shall determine whether the evidence adduced at the trial or, if the conviction followed a plea of guilty, the matters accepted by the court prior to conviction show that the specified offence was an organized crime.

The prosecution shall not request a determination under subsection (4) unless it has given notice to the person of its intention to seek such a determination, and unless such notice has been given prior to the plea last entered by the person or within such further time as may have been allowed by the court under subsection (6).

If a person has pleaded guilty to a specified offence and it appears to the court, having regard to the time at which the prosecution was informed of the accused’s intention to plead guilty, that it would be in the interests of justice to allow the prosecution further time within which to give the notice provided for in subsection (5), the court may order accordingly and may specify such period for that purpose as it considers reasonable in the circumstances, and if notice is given pursuant to an order under this subsection the court may allow the accused to withdraw his plea of guilty.

The court shall not make a determination under subsection (4) that a specified offence was an organized crime unless, subsequent to his receipt of the notice required to be given under subsection (5), the person convicted has been given an opportunity to be heard on the matter.

If in making a determination under subsection (4) the court determines that the specified offence was an organized crime by reason of its connection with the activities of a particular triad society, the prosecution may furnish information to the court regarding the nature and extent of those activities and the way in which the offence was connected with those activities.

The court may receive and take into account regarding a matter referred to in subsection (8) any information which it considers reliable in the circumstances.

Where the prosecution seeks to furnish information to a court under this section regarding any matter referred to in subsection (2) or (8), the court shall allow the person convicted an opportunity to object to the reception of the information, and where any such information is received by the court the court shall allow the person an opportunity to furnish information regarding that same matter.

Subject to subsections (12) and (13), where a court is satisfied beyond reasonable doubt—

or where any such matter is agreed by the person convicted, the court shall have regard to such matter when it passes a sentence on the person for the relevant specified offence and may, if it thinks fit, pass a sentence on the person for that offence that is more severe than the sentence it would, in the absence of such matter, have passed.

If an application has been made for a confiscation order under section 8, the court shall not have regard for the purpose of subsection (11) to any proceeds of a specified offence or organized crime to which the application for the confiscation order relates.

A sentence passed pursuant to subsection (11) shall not exceed the maximum penalty permitted by law for the offence.

This section operates without prejudice to any other information that may be furnished to a court before a person is sentenced, or to any other information to which a court shall or may have regard when sentencing a person for any offence.

This section does not apply to a person who is convicted of a specified offence committed before the commencement of this section.

Subject to subsection (4), the Court of First Instance may, on an application by the prosecutor, order any material mentioned in subsection (3) which is in the possession of a public body to be produced to the Court of First Instance within such period as the Court of First Instance may specify.

The power to make an order under subsection (1) is exercisable if—

but where the power to make an order under subsection (1) is exercisable by virtue only of paragraph (b), section 14(3) shall apply for the purposes of this section as it applies for the purposes of sections 15 and 16.

The material referred to in subsection (1) is any material which—

and an order under that subsection may require the production of all such material or of a particular description of such material, being material in the possession of the body concerned.

An order under subsection (1) shall not require the production of any material unless it appears to the Court of First Instance that the material is likely to contain information that would facilitate the exercise of the powers conferred on the Court of First Instance by sections 15 to 17 or on a receiver appointed under section 15 or 17 or in pursuance of a charging order.

The Court of First Instance may by order authorize the disclosure to such a receiver of any material produced under subsection (1) or any part of such material; but the Court of First Instance shall not make an order under this subsection unless a reasonable opportunity has been given for an officer of the public body to make representations to the Court of First Instance.

Material disclosed in pursuance of an order under subsection (5) may, subject to any conditions contained in the order, be further disclosed for the purposes of the functions under this Ordinance of the receiver or the Court of First Instance.

The Court of First Instance may by order authorize the disclosure to an authorized officer of any material produced under subsection (1) or any part of such material; but the Court of First Instance shall not make an order under this subsection unless—

Material disclosed in pursuance of an order under subsection (7) may, subject to any conditions contained in the order, be further disclosed for the purposes of functions relating to the investigation of specified offences.

Material may be produced or disclosed in pursuance of this section notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise.

An order under subsection (1) and, in the case of material in the possession of a public body, an order under section 4(2) may require any officer of the public body (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with it, and such an order shall be served as if the proceedings were civil proceedings against the Government. (Amended 13 of 1999 s. 3)

The Chief Executive may, by notice in the Gazette, specify a body to be a public body for the purposes of this section. (Amended 13 of 1999 s. 3)

If an investigation is begun against a person for a specified offence or offences and any of the following circumstances occur, namely—

the Court of First Instance may, on application by a person who held property which was realisable property (or, in the case of such a person who has died, his personal representative on his behalf), order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

The Court of First Instance shall not order compensation to be paid under subsection (1) unless it is satisfied—

Subject to subsection (3A), the Court of First Instance shall not order compensation to be paid under subsection (1) in any case where it appears to the Court of First Instance that the investigation would have been continued, or the proceedings would have been instituted or continued, as the case may be, if the serious default had not occurred.

Subsections (2)(a) and (3) shall not apply to any case to which subsection (1)(ba) is applicable. (Added 90 of 1995 s. 25)

Without prejudice to subsection (1), where—

the Court of First Instance may, on application by a person who held the property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

The Court of First Instance shall not order compensation to be paid under subsection (4) unless it is satisfied—

The amount of compensation to be paid under this section shall be such as the Court of First Instance thinks just in all the circumstances of the case.