Clause 17

in paragraph 1(1), delete “, unless the context otherwise requires”;

in paragraph 1(1), delete the definition of “defendant”;

in paragraph 1(1), delete the definition of “property”;

in paragraph 1(1), in the definition of “realisable property”, replace “realisable” with “subject”;

in paragraph 1, delete sub‑paragraphs (4) and (5);

in the following provisions, after “judicial proceedings”, insert “or proceedings before a competent authority”:Paragraph 4(1)(a)Paragraph 6(1)(a), (2) and (3)Paragraph 7(6)Paragraph 8(8)Paragraph 17(1), (2)(a), (3), (4) and (6)(b);

in the following provisions, replace “realisable property” wherever it appears with “subject property”:Paragraph 7(1), (2)(a) and (b), (7)(a) and (9)Paragraph 8(2)Paragraph 10(4)(b) and (6)Paragraph 14(2);

in the following provisions, replace “realisable property” wherever it appears with “any subject property”:Paragraph 8(1) and (4)(a) and (b)Paragraph 10(3), (4)(a), (5) and (7)Paragraph 12(3)Paragraph 13(1)Paragraph 14(1)Paragraph 15Paragraph 16(1);

in paragraph 8, after sub‑paragraph (4), insert —“(4A) Sub‑paragraph (4) does not apply to a subject property for the time being in the hands of the Public Trustee or a receiver pursuant to paragraph 12A.”;

in paragraph 12(4), replace “realisable property mentioned in sub‑paragraph (a) of the definition of “realisable property” ” with “subject property mentioned in paragraph (a) of the definition of “subject property” ”;

after paragraph 12, insert —“Recovery of property not to be realised12A.—

Where —

a request for assistance by an appropriate authority of a prescribed foreign country under section 29(1)(a) specifies that the subject property in question must not be realised in Singapore for the enforcement and satisfaction of a foreign confiscation order;

the foreign confiscation order has been registered in the General Division of the High Court under section 30;

the Attorney‑General reasonably believes that it is appropriate and practicable to give possession of the subject property to a person specified in the foreign confiscation order; and

the Attorney‑General applies to the General Division of the High Court for possession of the subject property to be given to a person specified in the foreign confiscation order,the General Division of the High Court may, on the application of the Attorney‑General, exercise the powers conferred by sub‑paragraphs (2) and (3).(2) The General Division of the High Court may appoint the Public Trustee or any person as receiver —

to take possession of the subject property;

to manage the subject property in accordance with the directions of the General Division of the High Court; and

to give possession of the subject property to the person specified in the foreign confiscation order,subject to any exceptions and conditions that the General Division of the High Court may specify.(3) The General Division of the High Court may order any person having possession of the subject property to give possession of it to the Public Trustee or any receiver.(4) The General Division of the High Court is not to exercise the powers conferred by sub‑paragraphs (2) and (3) unless —

a reasonable opportunity has been given to all persons holding an interest in the property to make representations to the General Division of the High Court; and

the General Division of the High Court is satisfied that the interests of creditors in Singapore are adequately protected.”;

in paragraph 13(1)(a), delete “and” at the end;

in paragraph 13(1)(b), replace the comma at the end with “; and”;

in paragraph 13(1), after sub‑paragraph (b), insert —“(c)any property for the time being in the hands of the Public Trustee or a receiver pursuant to paragraph 12A,”;

in paragraph 13(2), after “paragraphs 7 to 11”, insert “and 12A”;

in paragraph 14, in the paragraph heading, replace “realisable property” with “subject property”;

in paragraph 14(1)(a), delete “and” at the end;

in paragraph 14(1)(b), replace the comma at the end with “; and”;

in paragraph 14(1), after sub‑paragraph (b), insert —“(c)any property for the time being in the hands of the Public Trustee or a receiver pursuant to paragraph 12A,”;

in paragraph 14(2), after “paragraphs 7 to 11”, insert “and 12A”;

in paragraph 15, replace “or 10” with “, 10 or 12A”; and

in paragraph 16(1)(d), replace “or 10” with “, 10 or 12A”.