✔ 最佳答案
1. Neither. HKSAR Government.
It is a proceed from criminal activities. The Government is within its right to confiscate.
2. Not at all.
In general, when a court awards restitution to the victim, it intends to redress the victim's loss. However, it does not preclude the victim to seek additional damage when needed.
If additional damage is awarded, the restitution previously paid will offset the damages to achieve no double recovery.