Singapore legislation
Section 10
Section 10
Cases in which restraint orders and charging orders may be made
(1)
The powers conferred on the High Court by section 11(1) to make a restraint order and by section 12(1) to make a charging order are exercisable where —
proceedings have been instituted against the defendant for a corruption offence;
the proceedings have not been concluded; and
the Court is satisfied that there is reasonable cause to believe that benefits have been derived by the defendant from corruption.
(2)
Those powers are also exercisable where the High Court is satisfied —
(i)in the case of an offence under the Prevention of Corruption Act (Cap. 241), that the consent of the Public Prosecutor has been obtained under section 31 of that Act for the prosecution of a person; or
in the case of any other corruption offence, that a person has been officially informed pursuant to section 122(6) of the Criminal Procedure Code (Cap. 68) that he may be prosecuted for the offence; or
that investigation for a corruption offence having been commenced against a person, he dies or cannot be found or is outside the jurisdiction,and that there is reasonable cause to believe that benefits have been derived by that person from corruption.
(3)
For the purposes of sections 11 and 12, at any time when those powers are exercisable before proceedings have been instituted —
references in this Act to the defendant shall be construed as references to the person referred to in subsection (2); and
references in this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (2) for a corruption offence.
(4)
Where the High Court has made an order under section 11(1) or 12(1) by virtue of subsection (2), the Court shall discharge the order if the proposed proceedings are not instituted within such time as the Court considers reasonable which shall not in any event exceed a period of 3 months.