Singapore legislation
Clause 67
Clause 67
Relief for third party
(1)
On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court may grant such relief in relation to the exercise of any realisation power on any property held by that person as the Court considers appropriate if the Court is satisfied that, having regard to all the circumstances, undue hardship is reasonably likely to be caused to the person if the realisation power is exercised in relation to that property.
(2)
The circumstances to which the Court may have regard under subsection (1) include, without limitation —
the use that is ordinarily made, or was intended to be made, of the property;
the nature and extent of the person’s interest in the property;
the degree, if any, to which the person had knowledge of the organised crime activity concerned; and
the circumstances of the organised crime activity concerned.
(3)
On application by a person other than the subject within the prescribed time after a confiscation order has been made, the Court must grant such relief in relation to the exercise of any realisation power on property held by that person as the Court considers appropriate, if the Court is satisfied that —
the person was not in any way involved in the organised crime activity concerned;
the person had acquired the interest without knowing, and in circumstances that would not have aroused a reasonable suspicion, that the subject was involved in organised crime activity or the property were the benefits of such activity (if applicable); and
the person had acquired the interest for sufficient consideration.
(4)
The Court is to exercise its power under subsection (3) with a view to allowing the person to retain or recover such value of any property held by the person.
(5)
Regulations may be made under this Act for defining the value of property for the purposes of subsection (4).