Singapore legislation
Section 23A
Section 23A
Confiscation of benefits of offence under section 23
(1)
Where a defendant is convicted of any offence under section 23(1)(a) or (b), the court is to, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by the defendant from the commission of the offence if the court is satisfied that such benefits have been so derived.
(2)
Where the court is satisfied that benefits have been derived by the defendant from the commission of any offence under section 23(1)(a) or (b), the court is to, before sentencing or otherwise dealing with the defendant in respect of the offence concerned, determine in accordance with subsections (4) to (8) the amount to be recovered in the defendant’s case by virtue of this section.
(3)
Subject to subsection (7), the benefits derived by a defendant from the commission of any offence under section 23(1)(a) or (b) are —
any estate or interest (including any income accruing from such estate or interest) in residential property held in trust by or for the benefit of the defendant in contravention of section 23(1)(a) or (b); or
where that estate or interest in residential property is disposed of before conviction, the money, or the market value of any property other than money, paid to or received by the defendant, or another person at the request or direction of the defendant, on account of the disposal of the estate or interest in the residential property.
(4)
The amount to be recovered from the defendant under a confiscation order under this section is the amount the court assesses to be the value of the benefits derived by the defendant from the commission of any offence under section 23(1)(a) or (b).
(5)
For the purposes of this section —
the value of the benefits derived by a defendant from the commission of any such offence is the aggregate of the properties, estates and interests referred to in subsection (3)(a) or (b) (as the case may be) relating to that defendant;
the value of the estate or interest in residential property mentioned in subsection (3)(a) is the market value of the estate or interest at the date of conviction or the date of the commission of the offence, whichever is the higher; and
in calculating the value of benefits derived by a defendant from the commission of any offence under section 23(1)(a) or (b), any expenses or outgoings of the defendant in connection with the commission of the offence must be disregarded.
(6)
Any question of fact to be decided by a court in proceedings under this section is to be decided on a balance of probabilities.
(7)
A benefit derived by a defendant convicted of any offence under section 23(1)(a) or (b) must not be taken into account if —
a confiscation order against the defendant has been imposed in respect of that benefit under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;
a confiscation order against the defendant has previously been made under this section and that benefit is shown to the court to have been taken into account in determining the amount to be recovered under that order; or
a confiscation order against another defendant has previously been made under this section in relation to an offence committed in the same transaction as the offence by the firstmentioned defendant and that benefit, being an estate or interest mentioned in subsection (3)(a), is shown to the court to have been taken into account in determining the amount to be recovered under the order against that other defendant.
(8)
Any relevant evidence admitted in the proceedings against the defendant for any offence under section 23(1)(a) or (b) must, if the court thinks fit, be taken into account in determining the amount to be recovered under subsection (2).
(9)
Subject to subsection (1), where a court orders the defendant to pay any amount under a confiscation order —
section 319 of the Criminal Procedure Code 2010 has effect as if that amount were a fine imposed on the defendant by the court; and
for the purposes of section 319(1)(b)(iv) of the Criminal Procedure Code 2010, the term for which the court may direct the defendant to be imprisoned in default of payment of any amount under the confiscation order is as follows:
if the amount does not exceed $2 million — imprisonment for a term not exceeding 5 years; and
if the amount exceeds $2 million — imprisonment for a term not exceeding 10 years.
(10)
Where —
a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under a confiscation order in respect of an offence under section 23(1)(a) or (b); and
at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence,the term of imprisonment to be served in default of payment of the amount does not begin to run until after the term mentioned in paragraph (b).
(11)
This section does not apply in respect of any offence committed before 31 March 2006.