Contents of Section

Chapter:

455 PDFTitle:ORGANIZED AND SERIOUS CRIMES ORDINANCEGazette Number:25 of 1998 s. 2
Section:9Heading:Assessing the proceeds of crimeVersion Date:01/07/1997

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

(1) 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)

        (a) where section 8(1)(a)(i) is applicable, a person convicted of a specified offence and found to have committed an organized crime;
        (b) where section 8(1)(a)(ii)(A) or (B) is applicable, a person whom the court is satisfied that he could have been convicted of a specified offence being an offence which the court determines that it could have been an organized crime,
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)
(2) Those assumptions are-
        (a) that any property appearing to the court-
          (i) to have been held by him at any time-
            (A) since his conviction; or
            (B) where section 8(1)(a)(ii) is applicable, since the application was made for a confiscation order in his case,
            as the case may be; or (Replaced 90 of 1995 s. 7)
          (ii) to have been transferred to him at any time since the beginning of the period of 6 years ending when the proceedings were instituted against him,
          was received by him, at the earliest time at which he appears to the court to have held it, as his proceeds of organized crime; (Amended 90 of 1995 s. 7)
        (b) that any expenditure of his since the beginning of that period was met out of his proceeds of organized crime; and (Amended 90 of 1995 s. 7)
        (c) that, for the purpose of valuing any property received or assumed to have been received by him at any time as his proceeds of organized crime, he received the property free of any other interests in it. (Amended 90 of 1995 s. 7)
(3) 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.
(Enacted 1994)
[cf. 1986 c. 32 s. 2 U.K.]