### Prevention of Bribery Ordinance 《防止賄賂條例》

12AA. Confiscation of assets
(1) Subject to this section, where a person is convicted on indictment of an offence under section 10(1)(b) the court may, in addition to any penalty imposed under section 12(1), order the confiscation of any pecuniary resources or property—
(a) found at the trial to be in his control as provided in section 10; and
(b) of an amount or value not exceeding the amount or value of pecuniary resources or property the acquisition of which by him was not explained to the satisfaction of the court.
(2) Any application for an order under subsection (1) shall be made by the Secretary for Justice within 28 days after the date of the conviction. (Amended L.N. 362 of 1997)
(3) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted unless that other person has been given reasonable notice that such an order may be made and has had an opportunity to show cause why it should not be made.
(4) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted if that other person satisfies the court in any proceedings to show cause under subsection (3) that he had—
(a) acted in good faith as regards the circumstances in which the pecuniary resources or property came to be held by him; and
(b) so acted in relation to the pecuniary resources or property that an order in the circumstances would be unjust.
(5) Nothing in subsection (4) shall be construed as limiting the court’s discretion to decline to make an order under subsection (1) on grounds other than those specified in subsection (4).
(6) An order under subsection (1)—
(a) may be made subject to such conditions as the court thinks fit in all the circumstances of the case; and
(b) may be made in respect of an offence under section 10(1)(b) where the facts that gave rise to that offence occurred before the date of commencement of the Prevention of Bribery (Amendment) Ordinance 1987 (50 of 1987).
(7) A court may make orders under both subsection (1) and section 12(3) in respect of the same offence but shall not make orders under both provisions in respect of the same pecuniary resources or property.
(8) An order under subsection (1) may make provision for taking possession of pecuniary resources or property to which the order applies and for the disposal of such resources or property by or on behalf of the Government. (Amended 1 of 2003 s. 3)
(Added 50 of 1987 s. 4)

### Prevention of Bribery Ordinance 《防止賄賂條例》

12AB. Appeal against confiscation order
(1) Subject to this section, where an order is made under section 12AA in respect of pecuniary resources or property held by a person other than the person convicted, that other person may, within 28 days after the date of making the order, appeal against the order to the Court of Appeal.
(2) On an appeal under this section the Court of Appeal may—
(a) confirm the order, with or without modification; or
(b) quash the order and make such other order (if any) under section 12AA as it thinks appropriate.
(3) Proceedings under this section shall not operate as a stay of execution of an order unless the court which makes the order or the Court of Appeal otherwise orders and any stay of execution may be subject to such conditions as to costs, the giving of security or otherwise as the court or the Court of Appeal thinks fit.
(4) Subject to this section, an appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by rules made under subsection (5).
(5) The Criminal Procedure Rules Committee constituted under section 9 of the Criminal Procedure Ordinance (Cap. 221) may make rules of procedure for the purposes of this section. (Amended 13 of 1995 s. 28)
(6) Nothing in this section shall prejudice or affect the right of a convicted person to appeal against his sentence under Part IV of the Criminal Procedure Ordinance (Cap. 221).
(Added 50 of 1987 s. 4)

12AC. Costs in proceedings on confiscation order
(1) The court or the Court of Appeal, as the case may be, may, if it thinks fit, award to any person his reasonable costs in respect of any proceedings before it in relation to—
(a) the making of an order under section 12AA; or
(b) an appeal under section 12AB,
where such an order is not made or is quashed.
(2) Any costs awarded under subsection (1)—
(a) shall, except where the amount is fixed by the court or the Court of Appeal, be ascertained by the Registrar of the High Court; and (Amended 25 of 1998 s. 2)
(b) shall be paid from general revenue.
(Added 50 of 1987 s. 4)

### Prevention of Bribery Ordinance 《防止賄賂條例》

12A. Conspiracy
(1) Any person convicted of conspiracy to commit an offence under this Part shall be dealt with and punished in like manner as if convicted of such offence and any rules of evidence which apply with respect to the proof of any such offence shall apply in like manner to the proof of conspiracy to commit such offence.
(2) The powers of investigation conferred by Part III of this Ordinance shall apply with respect to a conspiracy to commit an offence under this Ordinance in like manner as they apply to the investigation of any such offence.
(Added 28 of 1980 s. 6)

### Prevention of Bribery Ordinance 《防止賄賂條例》

14B. (Repealed 48 of 1996 s. 17) Editorial Note:
Please see the saving provisions contained in s. 18 of 48 of 1996.

### Prevention of Bribery Ordinance 《防止賄賂條例》

14D. Variation and revocation of restraining orders
(1) The Commissioner may at any time apply ex parte to the court for the variation or revocation of a restraining order. (Amended 48 of 1996 s. 8)
(2) A person on whom a restraining order has been served in accordance with section 14C(3) or subsection (5) of this section may at any time apply to the court for an order revoking or varying the order.
(3) The applicant under subsection (2) shall give to the Commissioner such notice of the day fixed for the hearing of the application as a judge of the court may order.
(4) On the hearing of an application under subsection (2), the court may—
(a) revoke the order if it is satisfied that undue hardship will be caused by its continuance in operation;
(b) vary the order in such manner as it thinks fit.
(5) Where a restraining order has been revoked or varied under this section, notice of such revocation or the order as so varied, as the case may be, shall be served on the third party to whom it is directed and on the suspected person.
(Added 9 of 1974 s. 7)

14E. Application for directions
(1) The suspected person or a third party on whom a restraining order has been served in accordance with section 14C(3) or 14D(5) may at any time apply to the court for directions.
(2) The parties to any such application shall be—
(a) the suspected person and the third party; and
(b) the Commissioner.
(3) A person applying for directions under subsection (1) shall give to each other party to the application such notice of the day fixed for the hearing of the application as a judge of the court may order.
(4) On the hearing of an application under subsection (1), the court may give such directions as it thinks fit.
(Added 9 of 1974 s. 7)