Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/20

Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region Schedule 3 Section 1 realisable property (可變現財產) has the meaning given by section 12 of the Organized and Serious Crimes Ordinance (Cap. 455) with the following modifications—
 * (a) a reference in that section to “specified offence” or “organized crime” is a reference to “offence endangering national security”;
 * (b) a reference in that section to “this Ordinance” is a reference to “this Schedule”;
 * (c) a reference in that section to “defendant” has the meaning as defined by this subsection; and
 * (d) a reference in subsection (9) of that section to proceedings are instituted is to be construed in accordance with subsection (2).

(2) In this Schedule, a reference to proceedings for an offence are instituted against a person includes a reference to a person having been arrested for an offence (whether or not the person is released on bail).

(3) For the purposes of this Schedule—
 * (a) a person’s proceeds of an offence endangering national security are—
 * (i) any payments or other rewards received by the person at any time in connection with the commission of an offence endangering national security;
 * (ii) any property derived or realized, directly or indirectly, by the person from any of the payments or other rewards; and
 * (iii) any pecuniary advantage obtained in connection with the commission of an offence endangering national security; and