Singapore legislation
Section 49
Section 49
Power to seize, detain and forfeit vessels below 200 tons or vehicles
(1)
Any vessel below 200 tons or any vehicle that is used, or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used, in the commission of any offence under this Act or the regulations may be seized and detained at any place either on land or in the territorial waters of Singapore —
by the Controller, or any immigration officer authorised in that behalf by the Controller in writing under his or her hand; or
by any police officer authorised in that behalf by a Deputy Commissioner of Police in writing under his or her hand.
(2)
The seizing officer must immediately give written notice of the seizure and the grounds thereof to the owner, charterer or agent of the vehicle or vessel so seized or detained, either by delivering the notice to the owner, charterer or agent in person or by post at that person’s place of office or abode, if known.
(3)
The notice under subsection (2) is not required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender or the owner or the agent of the offender or owner, as the case may be.
(4)
Any vehicle or vessel liable to seizure or detention under subsection (1) is liable to forfeiture.
(5)
An order for the forfeiture or for the release of any vehicle or vessel liable to forfeiture under this section is to be made by the court before which the prosecution with regard thereto has been held.
(6)
Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that an offence under this Act or the regulations has been committed and that the vehicle or vessel was used in the commission of the offence, the court is to make an order for the forfeiture of the vehicle or vessel, even though no person may have been charged with or convicted of the offence.
(6A)
No vehicle or vessel is to be forfeited under this section if it is established by the owner thereof that the vehicle or vessel was unlawfully in the possession of another person without the owner’s consent.
(7)
The Controller may sell any vehicle or vessel forfeited under this section.
(8)
The proceeds of the sale must, after payment of the expenses of the sale, be applied in payment of any fine, costs or charges incurred under this Act and any balance remaining must be paid into the Consolidated Fund.