Page:United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575).pdf/8

(2) Where an application is made under subsection (1), the Court of First Instance shall only make the order sought by the application if it is satisfied that the person or property the subject of the application is a terrorist, terrorist associate or terrorist property, as the case may be.

(3) The Chief Executive shall cause an order under subsection (2) to be published in the Gazette.

(4) Where an order under subsection (2) is published in the Gazette, then, subject to section 17(3)(a), for the purposes of this Ordinance, it shall be presumed, in the absence of evidence to the contrary, that—

(a) a person specified in the order as a terrorist is a terrorist;

(b) a person specified in the order as a terrorist associate is a terrorist associate;

(c) property specified in the order as terrorist property is terrorist property.

(5) Where—

(a) a person or property is specified in an order under subsection (2) published in the Gazette; and

(b) the Chief Executive receives information which causes him to have reasonable grounds to believe that the person or property is not, or is no longer, a terrorist, terrorist associate or terrorist property, as the case may be,

then the Chief Executive shall, as soon as is practicable, make an application to the Court of First Instance for the order to be revoked to the extent that it relates to the person or property, as the case may be.

(6) The Court of First Instance shall grant an application under subsection (5).

(7) Where—

(a) a person or property is specified in an order under subsection (2) published in the Gazette; and

(b) the Court of First Instance has granted an application—

(i) under subsection (6) which relates to the person or property, as the case may be; or

(ii) under section 17(3)(b) which relates to the person or property, as the case may be,

then the Chief Executive shall, as soon as is practicable, cause a notice to be published in the Gazette specifying that the order has been revoked to the extent that it relates to the person or property, as the case may be.

(8) An order under subsection (2) published in the Gazette which has not been revoked in its entirety by virtue of the granting of an application under subsection (6) or section 17(3)(b) shall expire on the 2nd anniversary of the date of its publication in the Gazette.