Singapore legislation

Section 48

of Drug Trafficking (Confiscation of Benefits) Act

Section 48

Enforcement of external orders

(1)

The Minister may, by order published in the Gazette —

(a)

direct in relation to a country or territory outside Singapore designated by the order (referred to in this Act as a designated country) that, subject to such modifications as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;

(b)

make —

(i)

such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;

(ii)

such provision as to evidence or proof of any matter for the purposes of this section and section 49; and

(iii)

such incidental, consequential and transitional provision, as appears to him to be expedient; and

(c)

without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds arising out of action taken in the designated country with a view to satisfying a confiscation order and which are retained there shall nevertheless be treated as reducing the amount payable under the order to such extent as may be specified.

(2)

An order under this section may make different provision for different cases or classes of cases.

(3)

The power to make an order under this section includes power to modify this Act in such a way as to confer power on a person to exercise a discretion.

(4)

In this section and section 49 —

Definition

“external confiscation order” means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value;

Definition

“modifications” includes additions, alterations and omissions.