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405 PDFTitle:DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ORDINANCEGazette Number:L.N. 145 of 2002
Section:4Heading:Assessing the proceeds of drug traffickingVersion Date:01/01/2003


(1) For the purposes of this Ordinance-

        (a) a person's proceeds of drug trafficking are-
          (i) any payments or other rewards received by him at any time (whether before or after 1 December 1989) in connection with drug trafficking carried on by him or another;
          (ii) any property derived or realised, directly or indirectly, by him from any of the payments or other rewards; and
          (iii) any pecuniary advantage obtained in connection with drug trafficking carried on by him or another; and
        (b) the value of the person's proceeds of drug trafficking is the aggregate of the values of-
          (i) the payments or other rewards;
          (ii) that property; and
          (iii) that pecuniary advantage. (Replaced 87 of 1997 s. 36)
(2) The Court of First Instance or the District Court, as the case may be, may, for the purpose of determining whether the defendant has benefited from drug trafficking and, if he has, of assessing the value of his proceeds of drug trafficking, 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. (Amended 89 of 1995 s. 4; 25 of 1998 s. 2)
(3) 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 3(1)(a)(ii) is applicable, since the application was made for a confiscation order in his case,
            as the case may be; or (Replaced 89 of 1995 s. 4)
          (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 drug trafficking;
        (b) that any expenditure of his since the beginning of that period was met out of his proceeds of drug trafficking; and
        (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 drug trafficking, he received the property free of any other interests in it. (Amended 89 of 1995 s. 4)
(4) (Repealed 26 of 2002 s. 2)
(5) For the purpose of assessing the value of the defendant's proceeds of drug trafficking in a case where a confiscation order, or an order under section 8(7) of the Organized and Serious Crimes Ordinance (Cap 455), has previously been made against him, the court shall leave out of account any of his proceeds of drug trafficking that are shown to the court to have been taken into account in determining the amount to be recovered under that order. (Amended 82 of 1994 s. 36)
[cf. 1986 c. 32 s. 2 U.K.]