Singapore legislation
Clause 4
of Drug Trafficking (Confiscation of Benefits) (Amendment) Bill
Clause 4
Amendment of section 2
Section 2 of the principal Act is amended —
by inserting, immediately after paragraph (a) of the definition of “authorised officer” in subsection (1), the following paragraph:“(aa)any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act (Cap. 241);”;
by inserting, immediately after the words “section 4” in the definition of “confiscation order” in subsection (1), the words “or 4A”;
by deleting the definition of “corresponding law” in subsection (1) and substituting the following definitions:“ “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a foreign country to be a law providing for the control and regulation in that country of —
the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30th March 1961;
the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties; or (c)the benefits of trafficking in the drugs or substances referred to in paragraph (a) or (b);“criminal conduct” means —
doing or being concerned in, whether in Singapore or elsewhere, any act constituting —
a serious offence (other than an offence under section 41A or 43A); or
a foreign serious offence;
entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby —
the retention or control by or on behalf of another person of that other person’s benefits from an act referred to in paragraph (a) is facilitated; or
the benefits from an act referred to in paragraph (a) by another person are used to secure funds that are placed at that other person’s disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;
the concealing or disguising by a person of any property which is, or in part, directly or indirectly, represents, his benefits from an act referred to in paragraph (a); or
the conversion or transfer, by a person, of any property referred to in paragraph (c) or the removal of such property from the jurisdiction;“criminal matters” means the subject of mutual assistance in the investigation of a serious offence or a foreign serious offence;”;
by inserting, immediately after the words “drug trafficking offence” in the definition of “defendant” in subsection (1) and in subsection (3)(b), the words “or a serious offence, as the case may be,”;
by inserting, immediately after the definition of “defendant” in subsection (1), the following definition:“ “drug-related matters” means the subject of mutual assistance in the investigation of a drug trafficking offence or a foreign drug trafficking offence;”;
by deleting the definition of “drug trafficking” in subsection (1) and substituting the following definition:“ “drug trafficking” means —
doing or being concerned in, whether in Singapore or elsewhere, any act constituting —
a drug trafficking offence (other than an offence under section 41 or 43); or
a foreign drug trafficking offence;
entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby —
the retention or control by or on behalf of another person of that other person’s benefits of an act referred to in paragraph (a) is facilitated; or
the benefits of an act referred to in paragraph (a) by another person are used to secure funds that are placed at that other person’s disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;
the concealing or disguising by a person of any property which is, or in part, directly or indirectly, represents, his benefits of an act referred to in paragraph (a); or
the conversion or transfer by a person of any property referred to in paragraph (c) or the removal of such property from the jurisdiction;”;
by deleting the word “Schedule” in paragraph (a) of the definition of “drug trafficking offence” in subsection (1) and substituting the words “First Schedule”;
by deleting the definition of “financial institution” in subsection (1) and substituting the following definition:“ “financial institution” means —
a bank licensed under the Banking Act (Cap. 19);
a merchant bank that is approved as a financial institution under section 28 of the Monetary Authority of Singapore Act (Cap. 186);
a finance company licensed under the Finance Companies Act (Cap. 108);
a dealer or an investment adviser licensed under the Securities Industry Act (Cap. 289);
a futures broker, a futures trading adviser or a futures pool operator licensed under the Futures Trading Act (Cap. 116);
a company or society registered under the Insurance Act (Cap. 142) as a direct insurer carrying on life business;
an insurance intermediary licensed under any written law relating to insurance intermediaries if the intermediary arranges contracts of insurance in respect of life business; and
such other persons or class of persons as the Minister may by order prescribe,but excludes a money-changer licensed to conduct money-changing business and a remitter licensed to conduct remittance business under the Money-changing and Remittance Businesses Act (Cap. 187);”;
by deleting the definition of “foreign offence” in subsection (1) and substituting the following definitions:“ “foreign authority” means a foreign government or an appropriate authority designated by a foreign government exercising any function corresponding to a function of the Minister in charge of this Act;“foreign country” means any country or territory outside Singapore;“foreign court” means a court of competent jurisdiction in a foreign country which is a party to any treaty, memorandum of understanding or agreement for the control of narcotic drugs or for assistance in criminal matters to which Singapore is also a party;“foreign drug trafficking offence” means a drug trafficking offence punishable under a corresponding law;“foreign government” means the government of a foreign country;“foreign serious offence” means an offence (other than a foreign drug trafficking offence) against the laws of, or of a part of, a foreign country stated in a certificate purporting to be issued by or on behalf of the government of that country and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a serious offence;”;
by inserting, immediately after the words “section 8(8)” in the definition of “gift caught by this Act” in subsection (1), the words “or (8A)”;
by inserting, immediately after the definition of “realisable property” in subsection (1), the following definition:“ “Registrar” means, in relation to proceedings in —
the High Court — the Registrar, Deputy Registrar or Assistant Registrar of the Supreme Court;
a District Court or a Magistrate’s Court — the Registrar or Deputy Registrar of the Subordinate Courts;”;
by inserting, immediately after the definition of “restraint order” in subsection (1), the following definition:“ “serious offence” means —
any of the offences specified in the Second Schedule;
conspiracy to commit any of those offences;
inciting others to commit any of those offences;
attempting to commit any of those offences; or
aiding, abetting, counselling or procuring the commission of any of those offences;”; (m)by inserting, at the end of sub-paragraph (iv) of subsection (3)(b), the word “and”; and
by deleting sub-paragraph (v) of subsection (3)(b).