### Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) Order 《販毒(追討得益)(指定國家和地區)令》

5A. Certificate as to appropriate authority of designated country, etc.
(1) Where—
(a) in relation to a designated country no authority is specified in Schedule 1; or
(b) a designated country is such a country by virtue of paragraph 3(1)(b),
a certificate signed by the Secretary for Justice certifying that the authority specified in the certificate is the appropriate authority for the purposes of sections 28 and 29 of the Ordinance, and of the other provisions of the Ordinance as applied under paragraph 3(2), shall be evidence of that fact.
(2) Where a designated country is such a country by virtue of paragraph 3(1)(b), a certificate signed by the Secretary for Justice, certifying that the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances is applicable to that country shall be evidence of that fact.
(L.N. 308 of 1997; L.N. 362 of 1997)

6. Representation of government of designated country
A request for assistance sent to the Secretary for Justice by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Secretary for Justice to act on its behalf in any proceedings in the Court of First Instance under section 29 of the Ordinance or any other provision of the Ordinance as applied by paragraph 3(2).
(L.N. 362 of 1997; 25 of 1998 s. 2)

7. Satisfaction of confiscation order in a designated country
(1) Where—
(a) a confiscation order has been made under section 3 of the Ordinance;
(b) a request has been sent by the Secretary for Justice to the appropriate authority of a designated country for assistance in enforcing that order; and
(c) in execution of that request property is recovered in that country,
the amount payable under the confiscation order shall be treated as reduced by the value of property so recovered.
(2) For the purposes of this paragraph, and without prejudice to the admissibility of any evidence which may be admissible apart from this subparagraph, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating that property has been recovered there in execution of a request by the Secretary for Justice, stating the value of the property so recovered and the date on which it was recovered shall, in any proceedings in a court in Hong Kong, be admissible as evidence of the facts so stated.
(L.N. 362 of 1997)

### Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) Order 《販毒(追討得益)(指定國家和地區)令》

8. Currency conversion
(1) Where the value of property recovered as described in paragraph 7(1) is expressed in a currency other than that of Hong Kong, the extent to which the amount payable under the confiscation order is to be reduced under that paragraph shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned.
(2) Where an amount of money payable or remaining to be paid under an external confiscation order registered in the Court of First Instance under section 29 of the Ordinance is expressed in a currency other than that of Hong Kong, for the purpose of any action taken in relation to that order under the Ordinance as applied under paragraph 3(2) the amount shall be converted into the currency of Hong Kong on the basis of the exchange rate prevailing on the date of registration of the order. (25 of 1998 s. 2)
(3) For the purposes of this paragraph a certificate purporting to be signed by or on behalf of the Monetary Authority and stating the exchange rate prevailing on a specified date shall be admissible in any proceedings as evidence of the facts so stated. (82 of 1992 s. 45)

10. (Omitted as spent— E.R. 5 of 2022) 

### Drug Trafficking (Recovery of Proceeds) Ordinance 《販毒 (追討得益)條例》

1. Short title
This Ordinance may be cited as the Drug Trafficking (Recovery of Proceeds) Ordinance.

### Drug Trafficking (Recovery of Proceeds) Ordinance 《販毒 (追討得益)條例》

6A. Interest on amounts to be recovered under confiscation orders
(1) The amount to be recovered under a confiscation order shall be treated as a judgment debt for the purposes of—
(a) where the order was made by the Court of First Instance, section 49 of the High Court Ordinance (Cap. 4); (Amended 25 of 1998 s. 2)
(b) where the order was made by the District Court, section 50 of the District Court Ordinance (Cap. 336),
and, for those purposes, the date of the confiscation order shall be treated as the date of the judgment debt.
(2) 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.
(Added 89 of 1995 s. 7)

### Drug Trafficking (Recovery of Proceeds) Ordinance 《販毒 (追討得益)條例》

24A. Interpretation
In this Part, unless the context otherwise requires—
court (法院) means the Court of First Instance and the District Court; (Amended 25 of 1998 s. 2)
exported (輸出), in relation to any property, includes the property being brought to any place in Hong Kong for the purpose of being exported;
seized property (經扣押的財產) means any property seized under section 52 of the Dangerous Drugs Ordinance (Cap. 134) on the ground that it is suspected to be specified property;

specified property (指明財產) means any property specified in Schedule 4—
(a) being imported into or exported from Hong Kong; and
(b) which—
(i) in whole or in part directly or indirectly represents any person’s proceeds of drug trafficking;
(ii) has been used in drug trafficking; or
(iii) is intended for use in drug trafficking;

working day (工作日) means any day other than a public holiday or a gale warning day within the meaning of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62).

24B. Seized property may be detained
An authorized officer may, in accordance with the provisions of this Part, detain any seized property.