Singapore legislation
Clause 14
Clause 14
Realisation of property
(1)
Where —
in proceedings instituted for a corruption offence, a confiscation order is made;
the order is not subject to appeal; and
the proceedings have not been concluded,the High Court may, on an application by the Public Prosecutor, exercise the powers conferred by subsections (3) to (7).
(2)
The High Court may, on the application of the Public Prosecutor, also exercise the powers conferred by subsections (3) to (7) where —
a confiscation order is made against a person who is, by reason of section 21, taken to be convicted of a corruption offence;
the order is not subject to appeal; and
the order has not been satisfied, whether by payment of the amount due under the order or by the defendant serving imprisonment by default.
(3)
The Court may appoint the Public Trustee as receiver in respect of realisable property.
(4)
The Court may empower the Public Trustee appointed under subsection (3) or section 11 or in pursuance of a charging order —
to enforce any charge imposed under section 12 on realisable property or on interest or dividends payable in respect of such property; and
in relation to any realisable property other than property for the time being subject to a charge under section 12, to take possession of the property subject to such conditions or exceptions as may be specified by the Court.
(5)
The Court may order any person having possession of realisable property to give possession of it to the Public Trustee.
(6)
The Court may empower the Public Trustee to realise any realisable property in such manner as the Court may direct.
(7)
The Court may order any person holding an interest in realisable property to make such payment to the Public Trustee in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Act as the Court may direct and the Court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.
(8)
Subsections (5) to (7) shall not apply to property for the time being subject to a charge under section 12.
(9)
The Court shall not in respect of any property exercise the powers conferred by subsection (4)(a), (6) or (7) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the Court.