Singapore legislation
Clause 19
Clause 19
New section 23A
The principal Act is amended by inserting, immediately after section 23, the following section:“Orders for payment of proceeds of crime23A.—
When any person is convicted of an offence under section 22A(2) or 22B(1), the court shall, in addition to imposing on that person any other punishment, order him to pay, within such time as may be specified in the order —
in the case of an offence under section 22A(2), a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) he deducted or received in contravention of that section; or
in the case of an offence under section 22B(1), a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) he obtained or received for obtaining the work pass referred to in that section.(2) In determining the sum of money to be recovered under subsection (1), the court shall, if it thinks fit, take into account —
any relevant evidence admitted in the proceedings against the defendant for the offence concerned; and
any order for the payment of compensation by the defendant in respect of any injury arising from the offence concerned to the person injured, or his representative, under section 359 of the Criminal Procedure Code (Cap. 68).(3) Where a court orders the defendant to pay any sum of money under subsection (1), section 319 of the Criminal Procedure Code shall have effect as if that sum were a fine imposed on him by the court.(4) Where —
a warrant to commit the defendant to prison is issued for a default in payment of a sum of money ordered to be paid under subsection (1) in respect of an offence or offences; and
at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences,the term of imprisonment to be served in default of payment of that sum shall not begin to run until after the term mentioned in paragraph (b).(5) A Magistrate’s Court or a District Court may, notwithstanding the provisions of any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any sum of money ordered to be paid under subsection (1).”.