Clause 13

by deleting the words “4(4) and (5)” in subsection (3) and substituting the words “4(4), 4A(6) and (7), 5 and 5A”;

by inserting, immediately after subsection (4), the following subsections:“(4A) For the purposes of Part II, the following provisions shall apply in determining whether a deceased defendant had derived benefits from criminal conduct or in determining those benefits or the value of those benefits:

a deceased defendant shall, until the contrary is proved, be presumed to have derived benefits from criminal conduct, if he had, at any time (whether before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999) since the beginning of the period of 6 years ending at the date of his death, held any property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court;

the benefits derived by a deceased defendant from criminal conduct shall be any property or interest therein held by him during the period mentioned in paragraph (a), being property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and

the value of the benefits derived by a deceased defendant from criminal conduct shall be the aggregate of the values of those properties and interests therein referred to in paragraphs (a) and (b) less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order or any order made under section 13 of the Prevention of Corruption Act (Cap. 241) previously made against the deceased defendant.(4B) The presumption referred to in —

subsection (4) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct;

subsection (4A) shall not be rebutted merely by adducing proof to the effect that the property or interest therein was derived from drug trafficking.”;

by inserting, immediately after the words “drug trafficking offence” in subsection (5)(a), the words “or a serious offence, as the case may be,”; and

by inserting, immediately after subsection (5), the following subsection:“(6) In this section, a reference to property or interest therein shall include a reference to income accruing from such property or interest.”.