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 8
B2455
8. Charging orders in respect of land, securities, etc.
(1) The Court of First Instance may make a charging order on realisable property for securing the payment to the Government—
- (a) where a confiscation order has not been made—of an amount equal to the value from time to time of the property charged; and
- (b) in any other case—of an amount not exceeding the amount payable under the confiscation order.
(2) A charging order is an order made under this section imposing on any realisable property that is specified in the order a charge for securing the payment of money to the Government.
(3) A charge may be imposed by a charging order only on—
- (a) any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has directly or indirectly made a gift caught by this Schedule—
- (i) in any asset of a kind specified in subsection (4); or
- (ii) under any trust; or
- (b) any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust and a charge may by virtue of paragraph (a) be imposed by a charging order on the whole beneficial interest under the firstmentioned trust.
(4) The kind of asset mentioned in subsection (3)(a)(i) is any of the following—
- (a) land in Hong Kong;
