Singapore legislation
Clause 46
Clause 46
Interpretation of Part
(1)
In this Part, unless the context otherwise requires —
Definition
“CDSA” means the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);
Definition
“charging order” means an order made under section 58(1);
Definition
“confiscation order” means an order made under section 61(2);
Definition
“Court” means the High Court;
Definition
“gift caught by this Part” has the meaning given to it in section 47;
Definition
“interest”, in relation to property, includes any right;
Definition
“organised crime activity” has the meaning given to it in section 48;
Definition
“realisable property” means —
any property held by the subject; and
any property held by a person to whom the subject has, directly or indirectly, made a gift caught by this Part;
Definition
“realisation power” means any power under section 19 of the CDSA as applied by section 70;
Definition
“restraint order” means an order made under section 57(1);
Definition
“statutory period”, in relation to a confiscation order or an application for a confiscation order, means —
if the application for the confiscation order is preceded by a restraint order or charging order (or both) concerning the same subject and organised crime activity, the period of 7 years before the date of application for the restraint order or charging order or, if more than one of those orders were made, the earlier or earliest application for either of those orders; or
if the application for the confiscation order is not preceded by a restraint order or charging order concerning the same subject and organised crime activity, the period of 7 years before the date of application for the confiscation order;
Definition
“statutory period”, in relation to an application for a restraint order or charging order, means the period of 7 years before the date of application for the order or, if one or more such orders concerning the same subject and organised crime activity were made previously, the earlier or earliest application for either of those orders;
Definition
“subject” —
in relation to a restraint order, a charging order, an order under section 19 of the CDSA as applied by section 70, an order under section 30, 31, 34 or 42 of the CDSA as applied by section 72, or an application for any of those orders, means the person identified in the application as the one who has carried out organised crime activity;
in relation to an application for a confiscation order, means the person against whom the order is sought; or
in relation to a confiscation order that has been made, means the person against whom the order is made.
(2)
In this Part —
property is held by a person if the person holds any interest in it;
a reference to property held by a person includes a reference to property vested in the person’s trustee in bankruptcy or liquidator;
property is transferred by one person to another if the first person transfers or grants to the other any interest in the property; and
a reference to an interest held by a person beneficially in property includes a reference to an interest which would be held by the person beneficially if the property were not so vested in the person’s trustee in bankruptcy or liquidator.