Cross-boundary Movement of Physical Currency and Bearer Negotiable
Instruments Ordinance
18. Continued detention of CBNIs suspected to be crime proceeds by court order
(1) An authorized officer may, within the period mentioned in section 17(2), apply to the Court for an order to authorize the continued detention of CBNIs the officer reasonably suspects to be property mentioned in section 17(1)(a).
(2) The Court may make the order if it is satisfied that—
- (a) there are reasonable grounds for suspecting that the CBNIs are property representing the proceeds of an indictable offence mentioned in section 25(1) of the Organized and Serious Crimes Ordinance (Cap. 455); and
- (b) the detention of the CBNIs is justified while—
- (i) their origin or derivation is further investigated;
- (ii) consideration is given to the institution (whether in Hong Kong or elsewhere) of proceedings against a person for an offence with which the CBNIs are connected; or
- (iii) consideration is given to the institution (whether in Hong Kong or elsewhere) of proceedings which may result in the forfeiture or confiscation of the CBNIs.
(3) An order made under subsection (2) may authorize the continued detention of the CBNIs for a period specified in the order. The period must not exceed 3 months beginning on the date of the order.
(4) On an application made by an authorized officer, the Court, if satisfied that the conditions mentioned in subsection (2) continue to exist, may by order (new order)—
