Singapore legislation
Clause 62
Clause 62
Amount to be recovered under confiscation order
(1)
The amount to be recovered from the subject under the confiscation order is the amount the Court assesses to be the value of the benefits the subject derived from the organised crime activity carried out within the statutory period.
(2)
For the purposes of this section —
the benefits derived by the subject from the organised crime activity is any property or any interest in property (including income accruing from such property or interest) held by the subject at any time, whether before, on or after the date of commencement of this Part, being property or interest that is disproportionate to the subject’s known sources of income, and the holding of which cannot be explained to the satisfaction of the Court; and
the value of the benefits derived by the subject from the organised crime activity is the sum of the values of the properties and interests referred to in paragraph (a).
(3)
In determining the value of benefits under subsection (2)(b), the Court must leave out of account the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the subject under this Act or the CDSA.
(4)
The amount in the confiscation order is recoverable from the subject by the Attorney-General in any civil court of competent jurisdiction as though it were a judgment debt due to the Government.