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

1. Citation
This Order may be cited as the Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) Order.
(E.R. 5 of 2022)

2. Interpretation
In this Order— (E.R. 5 of 2022)

appropriate authority (有關當局), in relation to a designated country, means—
(a) an authority specified opposite that country in Schedule 1;
(b) where either—
(i) no authority is so specified; or
(ii) that country is a designated country by virtue of paragraph 3(1)(b),
the authority appearing to the court to be the appropriate authority of that country 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); (L.N. 308 of 1997)

court in a designated country (指定國家的法院) includes a court in any state or territory of a designated country;
designated country (指定國家) means a country, territory or place designated under paragraph 3(1). (15 of 1999 s. 3)

3. Designation of and application of the Ordinance to countries, territories and places
(1) Each of the countries, territories and places—
(a) specified in Schedule 1; or
(b) in relation to which the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances is applicable (and whether or not such country, territory or place is specified in Schedule 1),
is designated for the purposes of sections 28 and 29 of the Ordinance. (L.N. 308 of 1997; 15 of 1999 s. 3)
(2) In relation to a designated country, the Ordinance as modified in Schedule 2 shall apply to external confiscation orders and to proceedings (whether criminal or civil in nature, and whether those proceedings are in the form of proceedings against a person or against property) which have been or are to be instituted in the designated country and which may result in an external confiscation order being made there. (26 of 2002 s. 4)

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

4. Proof of orders and judgments of court in a designated country
(1) 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)—
(a) any order made or judgment given by a court in a designated country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and
(b) a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court in a designated country shall be deemed without further proof to be a true copy.
(2) A document purporting to be a copy of any order made or judgement given by a court in a designated country is duly authenticated for the purpose of subparagraph (1)(b) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the designated country.

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

5. Evidence in relation to proceedings and orders in a designated country
(1) 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), a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating—
(a) that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there;
(b) that an external confiscation order is in force and is not subject to appeal;
(c) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there;
(d) that any person has been notified of any proceedings in accordance with the law of the designated country; or
(e) that an order (however described) made by a court in the designated country has the purpose of—
(i) recovering (including forfeiting and confiscating)—
(A) payments or other rewards received in connection with drug trafficking or their value;
(B) property derived or realised, directly or indirectly, from payments or other rewards received in connection with drug trafficking or the value of such property; or
(C) property used or intended to be used in connection with drug trafficking or the value of such property; or
(ii) depriving a person of a pecuniary advantage obtained in connection with drug trafficking, (87 of 1997 s. 36)
shall, in any proceedings in the Court of First Instance, be admissible as evidence of the facts so stated. (25 of 1998 s. 2)
(2) In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a designated country, shall be admissible as evidence of any fact stated therein.
(3) A document is duly authenticated for the purposes of subparagraph (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in the designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
(4) Nothing in this paragraph shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this paragraph.