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Cross-boundary Movement of Physical Currency and Bearer Negotiable
Instruments Ordinance

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(3) However, the Court may make an order under subsection (2) only if—

(a) since the seizure and detention of a seized item, none of the following events has happened—

(i) proceedings have been instituted (whether in Hong Kong or elsewhere) against a person for an offence with which the item is connected;

(ii) proceedings have been instituted (whether in Hong Kong or elsewhere) and may result in the forfeiture or confiscation of the item;

(iii) the item has been specified in a notice under section 6(1) of the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575); and

(b) it is satisfied that—

(i) there has been serious default on the part of a person concerned with the seizure or detention of the item; and

(ii) the applicant has, in consequence of the seizure or detention and the default mentioned in subparagraph (i), suffered loss in relation to the item.

(4) The amount of compensation is the amount that the Court considers just in all the circumstances of the case.

(5) This section does not affect any remedy available to a person at common law.

(6) In this section—

Court (法院) means the Court of First Instance;

interested person (關係人), in relation to a seized item, means—