Criminal Code (Cap. 9), article 23A

23A. (1) The freezing of property of any person charged or accused of a relevant offence sha ll be regulated by the provisi ons of the Proceeds of Crime Act : CRIMINAL CODE [CAP. 9. 19 Cap. 31. Cap. 101. Provided that the above shal l not apply when a person is charged or accused with an offence against the provisions of th e Medical and Kindred Professions Ordinance or of the Dangerous Drugs Ordinance both if the charges are only for offences against the said laws and if they are for o ffences under the said laws and offences under other laws: Cap. 31. Cap. 101. Provided further that where, b efore the coming into force of this proviso, a Freezing Order w as issued in respect of an offe nce against the Medical and Kindred Professions Ordinance or the Dangerous Drugs Ordinance under the Medical and Kindred Professions Ordinance or Dangerous Drugs Ordinance or under article 23A of this Code as in force at the time of the issuing of the said order, whether the charges were only for offences against the Medical and Kindred Professions Ordinance or the Dangerous Drugs Ordinance or for offences under those l aws together with charges for offences under other laws every Freezing Order so issued shall be deemed to have been issued under the Medical and Kindred Professions Ordinance and the Dangerous Drugs Ordinance , and shall, after the coming into force of this proviso, continue to be in force and shall be regulated i n accordance with the Medical and Kindred Professions Ordinance and the Dangerous Drugs Ordinance . Cap. 621. (2) In this article and in articles 23B, 23C and 23D the words "property" and "relevant offence" have the same meaning as assigned to them in the Proceeds of Crime Act and the word "proceeds" has the same meaning as assigned to the words "Proceeds of crime" in th e Proceeds of Crime Act . Cap. 621. (3) Where this article and articles 23B, 23C and 23D provide fo r the forfeiture of proceeds of crime in a manner which is not provided for in the Proceeds of Crime Act the provisions of this article and of articles 23B, 23C and 23D shall be applied before the provisions of the Proceeds of Crime Act. The provisions of the Proceeds of Crime Act shall apply only subsidiarily i n accordance with article 5(3) of the Proceeds of Crime Act . Forfeiture of proceeds. Added by: III.2002.9. Amended by: XXXI.2007.4; VIII.2015.2; XLII.2018.3.