Corruption (Confiscation of Benefits) Act

property is held by any person if he holds any interest in it;

references to property held by a person include a reference to property vested in his trustee in bankruptcy or liquidator;

references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested in his trustee in bankruptcy or liquidator; and(d)property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.

proceedings for an offence are instituted in Singapore when a person is produced and charged in court with the offence;

proceedings in Singapore for a corruption offence are concluded on the occurrence of one of the following events:

the discontinuance of the proceedings;

the acquittal of the defendant;

the quashing of his conviction for the offence;

the grant of the President’s pardon in respect of his conviction for the offence;

the court sentencing or otherwise dealing with him in respect of his conviction for the offence without having made a confiscation order; and(vi)the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).

take account of the confiscation order before imposing any fine on him; and(b)subject to paragraph (a), leave the confiscation order out of account in determining the appropriate sentence or other manner of dealing with the defendant.

the benefits derived by any person from corruption shall be —

any property or interest therein held by the person at any time, whether before or after 10th July 1989, being property or interest disproportionate to his known sources of income and the holding of which cannot be explained to the satisfaction of the court, less(ii)any such property or interest which the court will be taking into account in determining the amount to be recovered under an order under section 13 of the Prevention of Corruption Act (Cap. 241) made against that person; and(b)the value of the benefits derived by him from corruption shall be the aggregate of the values of the properties and interests therein referred to in paragraph (a).

there is tendered to the court by the prosecution a statement as to any matters relevant to the determination whether benefits have been derived by the defendant from corruption or to the assessment of the value of those benefits; and(b)the defendant accepts to any extent any allegation in the statement,the court may, for the purposes of that determination and assessment, treat his acceptance as conclusive of the matters to which it relates.

a statement is tendered under subsection (1)(a); and(b)the court is satisfied that a copy of that statement has been served on the defendant,the court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.

there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and(b)the prosecution accepts to any extent any allegation in the statement,the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.

orally before the court; or(b)in writing.

any property held by the defendant; and(b)any property held by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act.

the total of the values at that time of all the realisable property held by the defendant, less(b)where there are obligations having priority at that time, the total amounts payable in pursuance of such obligations,together with the total of the values at that time of all gifts caught by this Act.

where any other person holds an interest in the property, shall be —

the market value of the first-mentioned person’s beneficial interest in the property, less(ii)the amount required to discharge any incumbrance (other than a charging order) on that interest; and(b)in any other case, shall be its market value.

the value of the gift to the recipient when he received it adjusted to take account of subsequent changes in the value of money; or(b)where subsection (5) applies, the value mentioned therein,whichever is the greater.

the property which he received (not being cash); or(b)property which, in whole or in part, directly or indirectly, represents in his hands the property which he received,the value referred to in subsection (4)(b) shall be the value to him at the material time of the property mentioned in paragraph (a) or, as the case may be, of the property mentioned in paragraph (b) so far as it so represents the property which he received, but disregarding in either case any charging order.

pay an amount due in respect of a fine, or other order of a court, imposed or made on conviction of an offence, where the fine was imposed or order made before the confiscation order; or(b)pay any sum which would be included among the preferential debts in the defendant’s bankruptcy commencing on the date of the confiscation order or winding up under an order of the court made on that date.

in relation to bankruptcy, means the debts to be paid in priority under section 43 of the Bankruptcy Act (Cap. 20) (assuming the date of the confiscation order to be the date of the receiving order); and(b)in relation to winding up, means the debts to be paid in priority in accordance with section 328 of the Companies Act (Cap. 50) (assuming the date of the confiscation order to be the commencement date of the winding up).

it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a corruption offence were instituted against him or, where no such proceedings have been instituted, when an application under section 4 for a confiscation order is made against him; or(b)it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from corruption.

the circumstances in which the defendant is to be treated as making a gift include those where he transfers property to another person, directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and(b)in those circumstances, this section shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) bears to the value of the consideration provided by the defendant.

that amount were a fine imposed on him by the court; and(b)the term for which the court directs the defendant to be imprisoned in default of payment of any amount under section 4 shall be as follows:

if the amount does not exceed $20,000, imprisonment for a term not exceeding 2 years;

if the amount exceeds $20,000 but does not exceed $50,000, imprisonment for a term not exceeding 5 years;

if the amount exceeds $50,000 but does not exceed $100,000, imprisonment for a term not exceeding 7 years;

if the amount exceeds $100,000, imprisonment for a term not exceeding 10 years.

a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under section 4 in respect of an offence or offences; and(b)at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences and any penalty imposed under section 13 of the Prevention of Corruption Act (Cap. 241),the term of imprisonment to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b).

proceedings have been instituted against the defendant for a corruption offence;

the proceedings have not been concluded; and(c)the Court is satisfied that there is reasonable cause to believe that benefits have been derived by the defendant from corruption.

(i)in the case of an offence under the Prevention of Corruption Act (Cap. 241), that the consent of the Public Prosecutor has been obtained under section 31 of that Act for the prosecution of a person; or(ii)in the case of any other corruption offence, that a person has been officially informed pursuant to section 122(6) of the Criminal Procedure Code (Cap. 68) that he may be prosecuted for the offence; or(b)that investigation for a corruption offence having been commenced against a person, he dies or cannot be found or is outside the jurisdiction,and that there is reasonable cause to believe that benefits have been derived by that person from corruption.

references in this Act to the defendant shall be construed as references to the person referred to in subsection (2); and(b)references in this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (2) for a corruption offence.

to all realisable property held by a specified person, whether the property is described in the order or not; and(b)to realisable property held by a specified person, being property transferred to him after the making of the order.

may be made only on an application by the Public Prosecutor;

may be made on an ex parte application to a Judge in chambers; and(c)shall provide for notice to be given to persons affected by the order.

may be discharged or varied in relation to any property; and(b)shall be discharged when proceedings for the offences are concluded.

to take possession of any realisable property; and(b)in accordance with the directions of the Court, to manage or otherwise deal with any property in respect of which he is appointed,subject to such exceptions and conditions as may be specified by the Court; and may require any person having possession of property in respect of which the receiver is appointed under this section to give possession of it to the Public Trustee.

where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and(b)removing the property from Singapore.

where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; and(b)in any other case, of an amount not exceeding the amount payable under the confiscation order.

only on an application by the Public Prosecutor; and(b)on an ex parte application to a Judge in chambers.

any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act —

in any asset of a kind mentioned in subsection (5); or(ii)under any trust; or(b)any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust and a charge may by virtue of paragraph (a) be imposed by a charging order on the whole beneficial interest under the first-mentioned trust.

immovable property in Singapore; or(b)securities of any of the following kinds:

securities of the Government or of any public authority;

stock of any body incorporated in Singapore;

stock of any body incorporated outside Singapore or of any country or territory outside Singapore, being stock registered in a register kept at any place within Singapore; and(iv)units of any unit trust in respect of which a register of the unit holders is kept at any place within Singapore.

in proceedings instituted for a corruption offence, a confiscation order is made;

the order is not subject to appeal; and(c)the proceedings have not been concluded,the High Court may, on an application by the Public Prosecutor, exercise the powers conferred by subsections (3) to (7).

a confiscation order is made against a person who is, by reason of section 21, taken to be convicted of a corruption offence;

the order is not subject to appeal; and(c)the order has not been satisfied, whether by payment of the amount due under the order or by the defendant serving imprisonment by default.

to enforce any charge imposed under section 12 on realisable property or on interest or dividends payable in respect of such property; and(b)in relation to any realisable property other than property for the time being subject to a charge under section 12, to take possession of the property subject to such conditions or exceptions as may be specified by the Court.

the proceeds of the enforcement of any charge imposed under section 12;

the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 11 or 14; and(c)any other sums, being property held by the defendant,shall, after such payments (if any) as the High Court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order.

among such of those who held property which has been realised under this Act; and(b)in such proportions,as the High Court may direct after giving a reasonable opportunity for such persons to make representations to the Court.

in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated, the High Court shall take into account the extent to which any property held by him may be distributed among creditors; and(b)the High Court may disregard any inadequacy in the realisable property which appears to the Court to be attributable, wholly or partly, to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had, directly or indirectly, made a gift caught by this Act from any risk of realisation under this Act.

substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case; and(b)substitute for the term of imprisonment fixed under section 224 of the Criminal Procedure Code (Cap. 68) in respect of the amount to be recovered under the order a shorter term determined in accordance with that section (as it has effect by virtue of section 9) in respect of the lesser amount.

property for the time being subject to a restraint order made before the order adjudging him bankrupt; and(b)any proceeds of property realised by virtue of section 11(6) or 14(6) or (7) for the time being in the hands of the Public Trustee pursuant to section 11 or 14,shall be excluded from the bankrupt’s estate for the purposes of the Bankruptcy Act (Cap. 20).

property for the time being comprised in the bankrupt’s estate for the purposes of the Bankruptcy Act;

property which is not comprised in the bankrupt’s estate by virtue of section 47(1)(a) of that Act; and(c)property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 33(3) of that Act.

made before the order adjudging the person bankrupt; or(b)on property which was subject to a restraint order when the order adjudging him bankrupt was made.

the powers conferred on the receiver by virtue of that Act shall not apply to property for the time being subject to the restraint order; and(b)any such property in the hands of the receiver shall, subject to a lien for any expenses (including his remuneration) properly incurred in respect of the property, be dealt with in such manner as the High Court may direct.

property for the time being subject to a restraint order made before the relevant time; and(b)any proceeds of property realised by virtue of section 11(6) or 14(6) or (7) for the time being in the hands of the Public Trustee pursuant to section 11 or 14,but there shall be payable out of such property any expenses (including the remuneration of the liquidator or provisional liquidator) properly incurred in the winding up in respect of the property.

so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or(b)so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.

where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up;

where such an order has been made and, before the presentation of the petition for the winding up of the company by the court, such a resolution had been passed by the company, the time of the passing of the resolution; and(c)in any other case where such an order has been made, the time of the making of the order.

investigations for a corruption offence have been commenced against the person; and(b)(i)the person dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he is convicted; or(ii)at the end of the period of 6 months from the date on which investigations referred to in paragraph (a) were commenced against him, the person cannot be found or he is not amenable to extradition proceedings.

a deceased defendant shall be deemed to have derived benefits from corruption if he had, at any time (whether before or after 10th July 1989) since the beginning of the period of 6 years ending at the date of his death, held any property or interest therein disproportionate to his known sources of income, the holding of which cannot be explained to the satisfaction of the court;

the benefits derived by a deceased defendant from corruption shall be any property or interest therein held by him during the period mentioned in paragraph (a), being property or interest therein disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and(c)the value of the benefits derived by a deceased defendant from corruption shall be the aggregate of the values of those properties and interests therein less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order or order under section 13 of the Prevention of Corruption Act (Cap. 241) previously made against the deceased defendant.

after investigations for a corruption offence have been commenced against him; and(b)(i) before proceedings in respect of the offence have been instituted against him; or(ii)if such proceedings have been instituted, before he is convicted of the offence.