Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/38

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 14 :(b) mentioned in paragraph (b) of the definition of offence related property in section 1(1) of this Schedule, order, subject to subsection (2), the forfeiture of the property.

(2) Where the Court of First Instance makes an order under subsection (1) in respect of any property, the Court of First Instance must specify in the order so much, if any, of the property in respect of which the Court of First Instance is not satisfied as mentioned in that subsection.

(3) An order may be made under this section whether or not proceedings are instituted against any person for an offence with which the property concerned is connected.

(4) The standard of proof on an application under this section is the standard of proof applicable to civil proceedings in a court of law.

14. Compensation

(1) If an investigation is begun against a person for an offence endangering national security and any of the following circumstances occurs, namely—
 * (a) no proceedings are instituted against that person;
 * (b) proceedings are instituted against that person but do not result in that person’s conviction for any offence endangering national security;
 * (c) that person absconds after proceedings are instituted against that person and subsequently—
 * (i) ceases to be an absconder; and
 * (ii) either—