Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/37

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 13 :(b) realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for voluntary winding up,

the provisions under sections 21, 22 and 23 of the Organized and Serious Crimes Ordinance (Cap. 455) apply with the necessary modifications.

(2) The references in those provisions to restraint order, charging order and confiscation order and relevant provisions are to be understood as references to restraint order, charging order and confiscation order and relevant provisions in this Schedule.

13. Forfeiture of offence related property

(1) The Court of First Instance may, if satisfied on an application made by or on behalf of the Secretary for Justice that any property specified in the application is offence related property—
 * (a) mentioned in paragraph (a) of the definition of offence related property in section 1(1) of this Schedule and which also—
 * (i) in whole or in part directly or indirectly represents any proceeds arising from an offence endangering national security;
 * (ii) is intended to be used to finance or otherwise assist the commission of an offence endangering national security; or
 * (iii) was used to finance or otherwise assist the commission of an offence endangering national security; or