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
L.N. 139 of 2020
Section 1
B2435
realisable property (可變現財產) has the meaning given by section 12 of the Organized and Serious Crimes Ordinance (Cap. 455) with the following modifications—
- (a) a reference in that section to “specified offence” or “organized crime” is a reference to “offence endangering national security”;
- (b) a reference in that section to “this Ordinance” is a reference to “this Schedule”;
- (c) a reference in that section to “defendant” has the meaning as defined by this subsection; and
- (d) a reference in subsection (9) of that section to proceedings are instituted is to be construed in accordance with subsection (2).
(2) In this Schedule, a reference to proceedings for an offence are instituted against a person includes a reference to a person having been arrested for an offence (whether or not the person is released on bail).
(3) For the purposes of this Schedule—
- (a) a person’s proceeds of an offence endangering national security are—
- (i) any payments or other rewards received by the person at any time in connection with the commission of an offence endangering national security;
- (ii) any property derived or realized, directly or indirectly, by the person from any of the payments or other rewards; and
- (iii) any pecuniary advantage obtained in connection with the commission of an offence endangering national security; and
