16
CAP. 9.]
Computation of
sentences of
imprisonment.
Added by:
VI. 1947.6.
Substituted by:
III. 2002.8.
CRIMINAL CODE
22. Except in the case of a sentence of imprisonment for life or
of imprisonment or detention in default of payment of a fine (multa
or ammenda), any time prior to conviction and sentence during
which the person sentenced is in prison for the offence or offences
for which he has been so convicted and sentenced, not being time in
prison in execution of a sentence, shall count as part of the term of
imprisonment or detention under his sentence; but where he was
previously subject to a probation order, an order for conditional
discharge or to a suspended sentence in respect of such offence or
offences, any such period falling before that order was made or
suspended sentence passed shall be disregarded for the purposes of
this article:
Provided that where any time prior to conviction as
aforesaid has, by virtue of this article, been counted as part of the
term of imprisonment or detention under the sentence in respect of
that conviction, such time shall not be counted as part of the term
of imprisonment or detention under any other sentence.
Forfeiture of
corpus delicti.
Amended by:
VI. 1947.7;
XXXI. 2007.3.
23. (1) The forfeiture of the corpus delicti, of the instruments
used or intended to be used in the commission of any crime, and of
anything obtained by such crime, is a consequence of the
punishment for the crime as established by law, even though such
forfeiture be not expressly stated in the law, unless some person
who has not participated in the crime, has a claim to such property.
(2) In case of contraventions, such forfeiture shall only take
place in cases in which it is expressly stated in the law.
(3) In the case of things the manufacture, use, carrying,
keeping or sale whereof constitutes an offence, the forfeiture
thereof may be ordered by the court even though there has not been
a conviction and although such things do not belong to the accused.
(4) Notwithstanding the provisions of subarticles (1) to (3),
where the Attorney General communicates to a magistrate a request
by a foreign authority for the return of an article obtained by
criminal means for purposes of restitution to its rightful owner, the
court may after hearing the parties and if it deems it proper so to act
after taking into consideration all the circumstances of the case,
order that the forfeiture of any such article shall not take place and
that the article shall be returned to the requesting foreign authority.
23A. (1) In this article, unless the context otherwise requires:
Freezing of
property of person
accused.
Added by:
III. 2002.9.
Amended by:
III. 2004.69;
VII. 2010.3.
Cap. 373.
"relevant offence" means any offence not being one of an
involuntary nature other than a crime under the Ordinances or
under the Act, liable to the punishment of imprisonment or of
detention for a term of more than one year;
Cap. 101.
Cap. 31.
"the Ordinances" means the Dangerous Drugs Ordinance and the
Medical and Kindred Professions Ordinance.
"the Act" means the Prevention of Money Laundering Act;
(2) Where a person is charged with a relevant offence the
provisions of article 5 of the Act shall apply mutatis mutandis and
the same provisions shall apply to any order made by the Court by