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
- (b) that the applicant has, in consequence of the act or omission referred to in subsection (4)(b), suffered loss in relation to the property.
(6) Subject to subsection (7), where property has ceased to be specified in a notice under section 3(1) of this Schedule, then the Court of First Instance may, on application by any person by, for or on behalf of whom the property that was so specified is held, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.
(7) The Court of First Instance must not order compensation to be paid under subsection (6) unless it is satisfied—
- (a) that at no time when the property was specified in a notice under section 3(1) of this Schedule was the offence related property;
- (b) that there has been some default on the part of any person concerned in obtaining the relevant specification under section 3(1) of this Schedule; and
- (c) that the applicant has, in consequence of the relevant specification and the default mentioned in paragraph (b), suffered loss.
(8) The amount of compensation to be paid under this section is an amount that the Court of First Instance thinks just in all the circumstances of the case.
