Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/33

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 9 (5) If the court determines that the defendant has benefited from the offence endangering national security of which the defendant is convicted or could have been convicted, the court must determine the amount to be recovered in the defendant’s case by virtue of this section. The amount to be recovered is the amount the court assesses to be the value of the defendant’s proceeds of the offence endangering national security which the defendant has committed, but if the court is satisfied that the amount that might be realized at the time the confiscation order is made is less than the amount the court assesses to be such value, the court may determine the amount to be recovered to be—
 * (a) the amount appearing to the court to be so realized; or
 * (b) if it appears to the court (on the information available to it at the time) that the amount that might be so realized is nil—a nominal amount.

(6) After determining the amount to be recovered, the court must then make a confiscation order, ordering the defendant to pay that amount within a fixed period.

(7) The court must not fix a period longer than 6 months unless it is satisfied that there are special circumstances which justify it doing so.

(8) The court must also in the confiscation order fix a term of imprisonment, in accordance with the following Table, which the defendant is to serve if any of that amount is not duly paid within that period (the terms of imprisonment set out in column 2 of the Table are the maximum terms of imprisonment applicable respectively to the amounts set out in column 1 of the Table opposite to the terms).