Singapore legislation

Section 382

of Insolvency, Restructuring and Dissolution Act 2018

Section 382

Power to impound passport, etc., of bankrupt

(1)

The Official Assignee may, if the Official Assignee thinks it necessary for the purposes of ensuring that a bankrupt does not leave Singapore during the administration of the bankrupt’s estate, issue a direction to the Controller of Immigration to request that the bankrupt be prevented from leaving Singapore.

(2)

Subject to any order issued or made under any written law relating to banishment or immigration, the Controller of Immigration must pursuant to the direction under subsection (1) take, or cause to be taken by any immigration officer, such measures as may be necessary to prevent the bankrupt named in the direction from leaving Singapore, including the detention of the bankrupt’s passport, certificate of identity or travel document authorising the bankrupt to leave or enter Singapore.

(3)

Where the Controller of Immigration has detained the passport, certificate of identity or other travel document of a bankrupt under subsection (2), the Controller must forthwith forward the passport, certificate of identity or travel document to the Official Assignee.

(4)

Despite subsections (1), (2) and (3), the Official Assignee may, if the Official Assignee thinks fit, detain any passport, certificate of identity or other travel document authorising the bankrupt to leave or enter Singapore.

(5)

The Official Assignee may, if the Official Assignee thinks fit, retain or return to the bankrupt the passport, certificate of identity or travel document forwarded to the Official Assignee by the Controller of Immigration under subsection (3) or detained by the Official Assignee under subsection (4).

Section 382 — Insolvency, Restructuring and Dissolution Act 2018