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

24C. Period for which seized property may be detained
(1) Seized property shall not be detained for a period of more than 10 working days in the case of such property being imported into Hong Kong, or 7 working days in the case of such property being exported from Hong Kong, unless, before the expiration of that period, the continued detention of such property is authorized by an order under subsection (2).
(2) A court may, upon 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 such property is specified property; and
(b) such detention of such property is justified while its origin or derivation is further investigated or consideration is given to the institution (whether in Hong Kong or elsewhere) of proceedings—
(i) against any person in relation to an offence with which such property is connected; or
(ii) which may result in the forfeiture or other confiscation of such 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 a court, upon 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 such 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) a 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 or on whose behalf it was being imported or exported; 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), proceedings are instituted (whether in Hong Kong or elsewhere)—
(a) against any person in relation to an offence with which such property is connected; or
(b) which may result in the forfeiture or other confiscation of such property,
such property shall not be released until such proceedings have been concluded.
(6) The Legislative Council may, by resolution, amend subsection (1) by substituting another period for any period specified therein.

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

24D. Forfeiture
(1) While any seized property is detained under section 24C(2) or (3), a court may, if satisfied on an application made by or on behalf of the Secretary for Justice that such property— (Amended L.N. 362 of 1997)
(a) in whole or in part directly or indirectly represents any person’s proceeds of drug trafficking;
(b) has been used in drug trafficking; or
(c) is intended for use in drug trafficking,
order, subject to subsection (2), the forfeiture of such property.
(2) Where a court proposes to make an order under subsection (1) in respect of any seized property where paragraph (a) of that subsection is applicable, the court shall specify in the order so much, if any, of such property in respect of which the court is not satisfied that it directly or indirectly represents any person’s proceeds of drug trafficking.
(3) An order may be made under this section whether or not proceedings are brought against any person for an offence with which the seized property concerned is connected.
(4) The standard of proof on an application under this section shall be on the balance of probabilities.

24E. Interest
Seized property which is money and which is detained in pursuance of an order under section 24C(2) or (3) shall, unless required as evidence of an offence, be held in an interest-bearing account and the interest accruing thereon shall be added to such property on its forfeiture or release.

24F. Procedure
(1) An order under section 24C(2) shall provide for notice to be given to persons affected by the order.
(2) Provision may be made by rules of court—
(a) with respect to applications to any court under this Part;
(b) with respect to the division, conversion or disposal of seized property for the purposes of satisfying an order under section 24D(1) to which it is subject where—
(i) section 24D(2) is applicable; and
(ii) such property is not readily divisible for those purposes;
(c) generally with respect to the procedure under this Part before any court.
(3) Subsection (2) is without prejudice to the generality of any existing power to make rules.

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

25. Dealing with property known or believed to represent proceeds of drug trafficking
(1) Subject to section 25A, a person commits an offence if, knowing or having reasonable grounds to believe that any property in whole or in part directly or indirectly represents any person’s proceeds of drug trafficking, he deals with that property.
(2) In proceedings against a person for an offence under subsection (1), it is a defence to prove that—
(a) he intended to disclose to an authorized officer such knowledge, suspicion or matter as is mentioned in section 25A(1) in relation to the act in contravention of subsection (1) concerned; and
(b) there is reasonable excuse for his failure to make disclosure in accordance with section 25A(2).
(3) A person who commits an offence under subsection (1) is liable—
(a) on conviction upon indictment to a fine of $5,000,000 and to imprisonment for 14 years; or
(b) on summary conviction to a fine of $500,000 and to imprisonment for 3 years.
(Replaced 89 of 1995 s. 21)

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

30. Evidence of corresponding law
Section 43 of the Dangerous Drugs Ordinance (Cap. 134) shall apply in relation to proceedings under this Ordinance as it applies in relation to proceedings for an offence under that Ordinance.

31. Amendment of Schedules
(1) The Chief Executive in Council may, by order, amend Schedule 1, 2 or 3. (Amended 15 of 1999 s. 3)
(2) The Legislative Council may, by resolution, amend Schedule 4.
(Replaced 89 of 1995 s. 27)

### Ozone Layer Protection Ordinance 《保護臭氧層條例》

1. Short title
This Ordinance may be cited as the Ozone Layer Protection Ordinance.

### Ozone Layer Protection Ordinance 《保護臭氧層條例》

3. Offence to manufacture scheduled substances
(1) A person who manufactures a scheduled substance commits an offence and is liable to—
(a) a fine of $1,000,000 and imprisonment for 2 years; and
(b) a fine of $100,000 for each day on which the offence continues.
(2) Subsection (1) does not apply where the scheduled substance is manufactured solely for the purpose of research or academic instruction and the person manufactures no more than 1 kg of the substance in any 12 month period.

4. Offence to import or export scheduled substances without a licence
A person who imports or exports a scheduled substance without a licence commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 2 years.