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 9
B2457
- (b) Government stock;
- (c) stock of any body incorporated in Hong Kong;
- (d) stock of any body incorporated outside Hong Kong or of any state or territory outside Hong Kong, being stock registered in a register kept at any place within Hong Kong;
- (e) units of any unit trust in respect of which a register of the unit holders is kept at any place within Hong Kong.
(5) The Court of First Instance may provide for the charge to extend to any interest, dividend or other distribution payable and any bonus issue in respect of the asset concerned.
(6) A charging order is registrable and enforceable in accordance with the laws of Hong Kong.
9. Confiscation orders
(1) The Secretary for Justice or an authorized officer may make an application to the Court of First Instance or the District Court for a confiscation order if—
- (a) in proceedings before the Court of First Instance or the District Court a defendant is to be sentenced in respect of an offence endangering national security and has not previously been sentenced in respect of the defendant’s conviction for the offence concerned; or
- (b) proceedings for an offence endangering national security have been instituted against a defendant but have not been concluded because the defendant has died or absconded.
