Singapore legislation
Regulation 15
Regulation 15
Application for confiscation order
Subregulation 1
An application by the Public Prosecutor for a confiscation order under section 61(1) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:
the details of the organised crime activity (as defined in section 48) allegedly carried out by the subject within the statutory period;
the grounds for believing that the subject has derived benefits from the organised crime activity;
the full particulars of the realisable property in respect of which the order is sought and the person or persons holding such property, as the deponent is, to the best of the deponent’s knowledge, able to provide;
the amount to be recovered under the confiscation order.
Subregulation 2
The application must be entitled in the matter of the subject, naming the subject, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.
Subregulation 3
The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:
the subject;
any person having any interest in the property to which the application relates;
the receiver, where one has been appointed in the matter.
Subregulation 4
Where the subject, person or receiver mentioned in paragraph (3) intends to adduce evidence with reference to the application and supporting affidavits, the subject, person or receiver (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —
file one or more supporting affidavits; and
serve a copy of the affidavits on the Public Prosecutor.
Subregulation 5
Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.