Page:United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575).pdf/18

UNITED NATIONS (ANTI-TERRORISM MEASURES) ORDINANCE :(b) the licence to which the application relates—
 * (i) is, or is still, required to be granted; or
 * (ii) is, or is still, required to be varied, as the case may be,

then the Secretary shall, as soon as is practicable, cause the licence to be granted or varied, as the case may be, accordingly.

18. Compensation

(1) Subject to subsection (2), where—
 * (a) a person has ceased to be specified as a terrorist or terrorist associate under section 5(2); or
 * (b) property has ceased to be—
 * (i) specified as terrorist property under section 5(2); or
 * (ii) specified in a notice under section 6(1),

then the Court of First Instance may, on application by—
 * (c) in the case of paragraph (a), the person who was so specified, or any person acting for or on behalf of the person who was so specified;
 * (d) where paragraph (b) is applicable, any person by, for or on behalf of whom the property that was so specified is held,

order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

(2) The Court of First Instance shall not order compensation to be paid under subsection (1) unless it is satisfied—
 * (a) where subsection (1)(a) is applicable, that at no time when the person concerned was specified as a terrorist or terrorist associate under section 5(2) was the person either a terrorist or terrorist associate;
 * (b) where subsection (1)(b) is applicable, that at no time when the property was specified as terrorist property under section 5(2), or was specified in a notice under section 6(1), as the case may be, was the property terrorist property;
 * (c) that there has been some serious default on the part of any person concerned in obtaining the relevant specification under section 5(2) or 6(1); and
 * (d) the applicant has, in consequence of the relevant specification and the default mentioned in paragraph (c), suffered loss.

(3) The amount of compensation to be paid under this section shall be such as the Court of First Instance thinks just in all the circumstances of the case.