Contents of Section
Bookmark
Add to Printing List

Chapter:

575 PDFTitle:United Nations (Anti-Terrorism Measures) OrdinanceGazette Number:E.R. 2 of 2012
Section:12HHeading:Period for which seized property may be detainedVersion Date:02/08/2012

(1) Seized property shall not be detained for a period of more than 30 days unless, before the expiration of that period, the continued detention of the property is authorized by an order under subsection (2).
(2) The Court may, on application made to it by an authorized officer, by order authorize the continued detention of seized property where it is satisfied that-

    (a) there are reasonable grounds for suspecting that the property is terrorist property; and
    (b) the detention of the property is justified while its origin or derivation is further investigated or consideration is given to the institution (whether in the HKSAR or elsewhere) of-
        (i) proceedings against any person in relation to an offence with which the property is connected; or
        (ii) steps which may result in a direction being given under section 6(1) in respect of the property or which may result in the forfeiture or other confiscation of the property.
(3) An order under subsection (2) shall authorize the continued detention of the seized property to which it relates for such period, not exceeding 3 months beginning with the date of the order, as is specified in the order and the Court, on application made to it by an authorized officer and if satisfied as to the matters referred to in subsection (2)(a) and (b), may thereafter from time to time by order authorize the further detention of the property but so that-
    (a) no period of detention specified in an order under this subsection shall exceed 3 months beginning with the date of the order; and
    (b) the total period of detention shall not exceed 2 years from the date of the order under subsection (2).
(4) At any time while seized property is being detained by an order under subsection (2) or (3) the Court may direct its release if satisfied-
    (a) on an application made by-
        (i) the person from whom it was seized;
        (ii) a person by, for or on behalf of whom it was held; or
        (iii) a person who otherwise has an interest in it,
    that there are no, or are no longer, any such grounds for its detention as are referred to in subsection (2); or
    (b) on an application made by an authorized officer, that its detention is no longer justified.
(5) If, at any time when any seized property is being detained by virtue of an order under subsection (2) or (3)-
    (a) proceedings are instituted (whether in the HKSAR or elsewhere) against any person in relation to an offence with which the property is connected; or
    (b) steps have been taken (whether in the HKSAR or elsewhere) which may result in a direction being given under section 6(1) in respect of the property or which may result in the forfeiture or other confiscation of the property,
the property shall not be released until the proceedings or steps have been concluded.
(Added 21 of 2004 s. 12)