Singapore legislation

Section 30

of Mutual Assistance in Criminal Matters Act 2000

Section 30

Registration of foreign confiscation order

Amended by40/201940/201940/201940/2019

(1)

The Attorney‑General or a person authorised by the Attorney‑General may apply to the General Division of the High Court for the registration of a foreign confiscation order.

Amended by40/2019

(2)

The General Division of the High Court may, on an application referred to in subsection (1), register the foreign confiscation order if it is satisfied —

(a)

that the order is in force and not subject to further appeal in the foreign country;

(b)

where a person affected by the order did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable the person to defend them; and

(c)

that enforcing the order in Singapore would not be contrary to the interests of justice.

Amended by40/2019

(3)

In subsection (2), “appeal” includes —

(a)

any proceedings by way of discharging or setting aside a judgment; and

(b)

an application for a new trial or a stay of execution.

(4)

The General Division of the High Court is to cancel the registration of a foreign confiscation order if it appears to the General Division of the High Court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or other means.

Amended by40/2019

(5)

Where an amount of money (if any) payable or remaining to be paid under a foreign confiscation order registered in the General Division of the High Court under this section is expressed in a currency other than that of Singapore, the amount must, for the purpose of any action taken in relation to that order, be converted into the currency of Singapore on the basis of the exchange rate prevailing on the date of registration of the order.

Amended by40/2019

(6)

For the purposes of subsection (5), a certificate issued by the Monetary Authority of Singapore and stating the exchange rate prevailing on a specified date is admissible in any judicial proceedings as evidence of the facts so stated.

Section 30 — Mutual Assistance in Criminal Matters Act 2000