Singapore legislation
Section 35A
Section 35A
Order to repay upon conviction under section 33
(1)
A court may, on the application of the Public Prosecutor, order any unauthorised person convicted of an offence under section 33(1), (2) or (3) or against whom a court has taken into consideration such an offence in sentencing him or her —
to repay any fee, gain or reward received in respect of any such offence to the person who made the payment; or
to pay any fee, gain or reward mentioned in paragraph (a) to the Society for the benefit of the person who made the payment.
(2)
The Society must hold and pay out any moneys received pursuant to an order made under subsection (1)(b) in the manner prescribed under subsection (5).
(3)
In any proceedings under subsection (1), a certificate purporting to be issued by the Public Prosecutor certifying the amount of any fee, gain or reward mentioned in subsection (1)(a) paid by a person to an unauthorised person is prima facie evidence of the amount that the unauthorised person is liable to repay under subsection (1)(a) as at the date of the certificate.
(4)
An amount ordered to be paid under subsection (1) carries interest as from the date of the order and at the same rate as a judgment debt.
(5)
The Council may, with the approval of the Chief Justice, make rules for the purposes of subsection (2).
(6)
In this section, “fee, gain or reward” does not include disbursements.