Singapore legislation

Clause 5

of Corruption (Confiscation of Benefits) Bill

Clause 5

Assessing the benefits of corruption

(1)

Subject to section 23, for the purposes of this Act —

(a)

the benefits derived by any person from corruption shall be —

(i)

any property or interest therein held by the person at any time, whether before or after the commencement of this Act, being property or interest disproportionate to his known sources of income and the holding of which cannot be explained to the satisfaction of the court, less(ii)any such property or interest which the court will be taking into account in determining the amount to be recovered under an order under section 13 of the Prevention of Corruption Act [Cap. 241] made against that person; and

(b)

the value of the benefits derived by him from corruption shall be the aggregate of the values of the properties and interests therein referred to in paragraph (a).

(2)

For the purpose of assessing the value of the benefits derived by the defendant from corruption in a case where a confiscation order, or an order under section 13 of the Prevention of Corruption Act, has previously been made against him, the court shall leave out of account any such benefits of corruption that are shown to the court to have been taken into account in determining the amount to be recovered under that order.

Clause 5 — Corruption (Confiscation of Benefits) Bill