Singapore legislation
Section 52
Section 52
Attachment of property of person proclaimed
(1)
The court may, after issuing a proclamation under section 51, order the attachment of any property movable or immovable, or both, belonging to the proclaimed person.
(2)
If the property ordered to be attached consists of debts or other movable property, the attachment under this section shall be made —
by seizure;
by the appointment of a receiver;
by an order in writing prohibiting the delivery of the property to the proclaimed person or to anyone on his behalf; or
by all or any two of such methods,as the court thinks fit.
(3)
If the property ordered to be attached is immovable the attachment under this section shall, in the case of land paying revenue to the State, be made through the Collector of Land Revenue of the district in which the land is situate, and in all other cases —
by taking possession;
by the appointment of a receiver;
by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to anyone on his behalf; or
by all or any two of such methods,as the court thinks fit.
(4)
The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed by the High Court under its civil jurisdiction.
(5)
No attachment of land under this section shall take effect until the order of attachment is duly registered under the Registration of Deeds Act.[Cap. 269]
(6)
If the proclaimed person does not appear within the time specified in the proclamation the property under attachment shall be at the disposal of the Government, but it shall not be sold until the expiration of 6 months from the date of the attachment unless it is subject to speedy and natural decay or the court considers that the sale would be for the benefit of the owner, in either of which cases the court may cause it to be sold whenever it thinks fit.
(7)
Any person, other than the person proclaimed, may appear before the court which made the order of attachment and claim upon oath, stating his title thereto, the property, or any part thereof, attached or ordered to be attached, provided that the claim is made within 3 months from the date of the order of attachment.
(8)
The court shall record the claim so made and shall cause a copy thereof to be served upon the Deputy Public Prosecutor, together with a notice requiring him to attend before the court on a day and at a time to be stated therein to show cause why the property, if attached, should not be released, or why the order of attachment should not be cancelled so far as it relates to the property so claimed.
(9)
At the hearing the court shall proceed to inquire into the truth and justice of the claim so made and to take such evidence as appears necessary.
(10)
Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials in summary cases before Magistrates’ Courts.
(11)
The court shall, if satisfied of the truth and justice of the claim, direct such property to be released or such order to be cancelled, or, if satisfied, as aforesaid, as to part only of the claim, shall direct such part to be released or so much of such order as relates thereto to be cancelled.
(12)
The court may in its discretion award costs and such advocate’s fees as it thinks proper to the claimant, which shall be paid out of the Consolidated Fund.[51[Form 6.]