Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/35

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 10 (11) The amount to be recovered under a confiscation order is to be treated as a judgment debt under the laws of Hong Kong, and as such, interest may accrue, and the amount of the interest is to be treated, for the purposes of enforcement, as part of the amount to be recovered from the defendant under the confiscation order.

10. Variation of confiscation orders

(1) An authorized officer or the defendant (or, in the case of a defendant who has died, the defendant’s personal representative) may make an application for variation in respect of a confiscation order. If the Court of First Instance is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the confiscation order, it must make an order that such lesser amount as the court thinks just in all the circumstances of the case be substituted, and that a shorter term fixed in accordance with section 9(8) of this Schedule be substituted.

(2) An authorized officer may make an application for variation in respect of a confiscation order. If the Court of First Instance is satisfied that—
 * (a) the value of the defendant’s proceeds of any offence endangering national security was greater than the value of the defendant’s proceeds of the offence assessed by the Court of First Instance or the District Court, as the case may be, at the time of the making of the confiscation order;
 * (b) an authorized officer becomes aware of realisable property, the existence of which was not known to the officer at the time of the making of the confiscation order; or