Drug Trafficking (Confiscation of Benefits) Act

any officer of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act [Cap. 185] including the Director;

any police officer; and(c)any other person authorised in writing by the Minister for the purposes of this Act;

an offence specified in the Schedule (other than an offence under section 41 or 43); or(b)a foreign offence punishable under a corresponding law,and includes entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby

the retention or control by or on behalf of another person of that other person’s benefits of drug trafficking is facilitated; or(ii)the benefits of drug trafficking by another person are used to secure funds that are placed at that other person’s disposal or are used for that other person’s benefit to acquire property by way of investment;

any of the offences specified in the Schedule;

conspiracy to commit any of those offences;

inciting another to commit any of those offences;

attempting to commit any of those offences; or(e)aiding, abetting, counselling or procuring the commission of any of those offences;

a bank licensed under the Banking Act [Cap. 19];

a merchant bank that is approved as a financial institution under section 28 of the Monetary Authority of Singapore Act [Cap. 186];

a finance company licensed under the Finance Companies Act [Cap. 108];

a dealer or an investment adviser licensed under the Securities Industry Act;

a futures broker, a futures trading adviser or a futures pool operator licensed under the Futures Trading Act [Cap. 116];

a company or society registered under the Insurance Act [Cap. 142]; and(g)such other company or class of companies which the Minister may by order prescribe;

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 drug trafficking 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 the defendant’s conviction for the offence;

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

the court sentencing or otherwise dealing with the defendant 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).

produce the material to an authorised officer for him to take away; or(b)give an authorised officer access to it,within such period as the order may specify.

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking ;

that there are reasonable grounds for believing that the material to which the application relates

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and(ii)does not consist of or include items subject to legal privilege; and(c)that there are reasonable grounds for believing that it is in the public interest, having regard

to the benefit likely to accrue to the investigation if the material is obtained; and(ii)to the circumstances under which the person in possession of the material holds it,that the material should be produced or that access to it should be given.

the discharge and variation of orders under this section; and(b)proceedings relating to such orders.

an order under subsection (2)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and(b)an order under subsection (2)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.

automatically processes information;

automatically records or stores information;

can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment (wherever situated);

can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment (wherever situated).

shall not confer any right to production of, or access to, items subject to legal privilege;

shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and(c)may be made in relation to material in the possession of a public body as defined in section 40(11).

the production or making available of the material might tend to incriminate the person or make the person liable to a penalty; or(b)the production or making available of the material would be in breach of an obligation (whether imposed by law or otherwise) of the person not to disclose the existence or contents of the material.

contravenes the order without reasonable excuse; or(b)in purported compliance with the order produces or makes available any material known to the person to be false or misleading in a material particular without

indicating to the authorised officer to whom the material is produced or made available that the material is false or misleading and the respect in which the material is false or misleading; and(ii)providing correct information to the authorised officer if the person is in possession of, or can reasonably acquire, the correct information.

that an order made under section 26 in relation to material on the premises has not been complied with;

that the conditions in subsection (3) are fulfilled; or(c)that the conditions in subsection (4) are fulfilled.

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking;

that the conditions in section 26(4)(b) and (c) are fulfilled in relation to any material on the premises; and(c)that it would not be appropriate to make an order under that section in relation to the material because

it is not practicable to communicate with any person entitled to produce the material;

it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or(iii)the investigation for the purposes of which the application is made might be seriously prejudiced unless an authorised officer could secure immediate access to the material.

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking;

that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to drug trafficking which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and(c)that

it is not practicable to communicate with any person entitled to grant entry to the premises;

entry to the premises will not be granted unless a warrant is produced; or(iii)the investigation for the purposes of which the application is made might be seriously prejudiced unless an authorised officer arriving at the premises could secure immediate entry to them.

any material that the authorised officer believes, on reasonable grounds, to be the material in relation to the offence, although not of the kind specified in the warrant; or(b)any thing that the authorised officer believes, on reasonable grounds

to be relevant to a criminal proceeding or a criminal investigation in the foreign country in respect of the offence; or(ii)will afford evidence of the commission of a criminal offence,and the authorised officer believes, on reasonable grounds, that it is necessary to seize that material or thing in order to prevent its concealment, loss or destruction, the warrant shall be deemed to authorise the authorised officer to seize the material or thing.

produced or to which access is given under section 26; or(b)seized under section 31.

communications between an advocate and solicitor and his client or any person representing his client made in connection with the giving of legal advice to the client;

communications between an advocate and solicitor and his client or any person representing his client or between such an advocate and solicitor or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and(c)items enclosed with or referred to in such communications and made

in connection with the giving of legal advice; or(ii)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,when they are in the possession of a person who is entitled to possession of them, but excluding, in any case, any communications or item held with the intention of furthering a criminal purpose;

any vehicle, vessel, aircraft, hovercraft or offshore structure; and(b)any tent or movable structure.

the conditions in subsection (3); and(b)the conditions in subsection (4); or(c)the conditions in subsection (5),are fulfilled.

that there exists a mutual legal assistance treaty, memorandum of understanding or other agreement or arrangement in drug-related matters between Singapore and the foreign government and the conditions therein have been fulfilled in respect of any particular request for assistance from the Singapore authority, which conditions shall be in addition to and not in derogation of the conditions herein;

that the foreign authority has agreed to provide reciprocal assistance in drug-related matters to Singapore;

that the foreign offence which is the subject of the investigation constitutes an offence against the laws of, or of a part of, the state of the foreign authority and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted an offence under this Act or the Misuse of Drugs Act [Cap. 185];

that the seriousness of the foreign offence under investigation is of sufficient gravity and the material which is the subject of the application is of sufficient importance to the investigation and whether the material could not reasonably be obtained by other means;

that the application is not likely to prejudice the sovereignty, security or national interest of Singapore;

that it is not contrary to the public interest to make the application sought;

that the foreign authority undertakes that the material sought pursuant to a search warrant under this section shall not be used for any other purposes except for the investigation of the foreign offence or for the prosecution of the offender concerned and the material shall be returned to the Singapore authority upon completion of the investigation or proceedings against the offender; and(h)such other conditions as the Minister may prescribe.

that there is a prima facie case that a specified person has carried on or has benefited from drug trafficking;

that there are reasonable grounds for believing that the material to which the application relates

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and(ii)does not consist of or include materials subject to legal privilege; and(c)that

it is not practicable to communicate with any person entitled to produce the material; or(ii)it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated.

that there is a prima facie case that a specified person has carried on or has benefited from drug trafficking;

that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to drug trafficking which is likely to be of substantial value (whether by itself or together with other material) to the investigation in respect of which the application is made, but that the material cannot at the time of the application be particularised; and(c)that

it is not practicable to communicate with any person entitled to grant entry to the premises; or(ii)entry to the premises will not be granted unless a warrant is produced.

that relates to

the opening or closing by a person of an account with the institution;

the operation by a person of an account with the institution;

the opening or use by a person of a deposit box held by the institution;

the telegraphic or electronic transfer of funds by the institution on behalf of a person to another person;

the transmission of funds between Singapore and a foreign country or between foreign countries on behalf of a person; or(vi)an application by a person for a loan from the institution (where a loan is made to the person pursuant to the application); and(b)that is given to the institution by or on behalf of the person (whether or not the document is signed by or on behalf of the person);

the opening, operating or closing of an account held with the institution; and(b)the opening or use of a deposit box held by the institution,but does not include a cheque or payment order;

if the document relates to the opening of an account with the institution, the period of 6 years after the day on which the account is closed;

if the document relates to the opening by a person of a deposit box held by the institution, the period of 6 years after the day on which the deposit box ceases to be used by the person; or(c)in any other case, the period of 6 years after the day on which the transaction takes place.

that is not a customer generated financial transaction document; and(b)whose retention is necessary to preserve a record of the financial transaction concerned,for the minimum retention period applicable to the document.

the information may be relevant to an investigation of, or the prosecution of a person for, any offence; or(b)the information would otherwise be of assistance in the enforcement of this Act or any regulations made thereunder,the institution may give the information to any authorised officer.

a financial institution; or(b)a person who is an officer, employee or agent of the institution acting in the course of his employment or agency,in relation to any action taken by that institution or person pursuant to subsection (1).

the powers conferred on the High Court by sections 12(1) and 13(1) are exercisable by virtue of section 11(1); or(b)those powers are exercisable by virtue of section 11(2) and the High Court has made a restraint or charging order which has not been discharged,but where the power to make an order under subsection (1) is exercisable by virtue only of paragraph (b), section 11(3) shall apply for the purposes of this section as it applies for the purposes of sections 12 and 13.

has been submitted to an officer of a public body by the defendant or by a person who has at any time held property which was realisable property;

has been made by an officer of a public body in relation to the defendant or such a person; or(c)is correspondence which passed between an officer of a public body and the defendant or such a person,and an order under that subsection may require the production of all such material, or of a particular description of such material, being material in the possession of the body concerned.

a reasonable opportunity has been given for an officer of the public body to make representations to the Court; and(b)it appears to the Court that the material is likely to be of substantial value in exercising functions relating to drug trafficking .

any Ministry or Government department; and(b)any body specified by the Minister by notification published in the Gazette to be a public body for the purposes of this section.

take into account 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 drug trafficking shall be any property or interest therein held by the person at any time, whether before or after the commencement of this Act, 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; and(b)the value of the benefits derived by him from drug trafficking 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 drug trafficking 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.

substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1)) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and(b)increase the term of imprisonment fixed in respect of the confiscation order under section 10(1) if the effect of the substitution is to increase the maximum period applicable in relation to the order under section 10(1).

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 (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 drug trafficking 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 drug trafficking.

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 he was not in any way involved in the defendant’s drug trafficking; and(b)that he acquired the interest

for sufficient consideration; and(ii)without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time he acquired it, property that was involved in drug trafficking,the court shall make an order declaring the nature, extent and value (as at the time the order is made) of his interest.

had knowledge of the application under section 4 for the confiscation order before the order was made; or(b)appeared at the hearing of that application,shall not be permitted to make an application under subsection (3) except with the leave of the court.

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; and(iv)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,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 drug trafficking 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 drug trafficking .

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 a drug trafficking offence ; or(b)that investigation for a drug trafficking 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 drug trafficking .

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 drug trafficking 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 offence 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 or such receiver.

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 drug trafficking 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 of 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 22, taken to be convicted of a drug trafficking 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 13 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 13, 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 13;

the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 12 or 15; 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 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 10) 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 12(6) or 15(6) or (7) for the time being in the hands of the Public Trustee or a receiver pursuant to section 12 or 15,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 12(6) or 15(6) or (7) for the time being in the hands of the Public Trustee or a receiver pursuant to section 12 or 15,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 High 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 drug trafficking 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, until the contrary is proved, be presumed to have derived benefits from drug trafficking if he had, at any time (whether before or after the commencement of this Act) 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 drug trafficking 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 drug trafficking 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 previously made against the deceased defendant.

after investigations for a drug trafficking offence have been commenced against him; and(b)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.

the retention or control by or on behalf of another (referred to in this section as that other person) of that other person’s benefits of drug trafficking is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or(b)that other person’s benefits of drug trafficking

are used to secure funds that are placed at that other person’s disposal; or(ii)are used for that other person’s benefit to acquire property by way of investment ,and knowing that that other person is a person who carries on or has carried on drug trafficking or has benefited from drug trafficking, shall be guilty of an offence.

if he does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, he shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is

it is made before he does the act concerned, being an act done with the consent of the authorised officer; or(ii)it is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it;

the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or by rules of professional conduct; and(c)he shall not be liable in damages for any loss arising out of

the disclosure;

any act done or omitted to be done in relation to the funds or investments in consequence of the disclosure.

that he did not know that the arrangement related to any person’s proceeds of drug trafficking;

that he did not know that by the arrangement the retention or control by or on behalf of the relevant person of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1); or(c)that

he intended to disclose to an authorised officer such suspicion, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and(ii)there is reasonable excuse for his failure to make disclosure in accordance with subsection (3)(a).

to reveal that a disclosure was made under section 41(3) ;

to reveal the identity of any person as the person making the disclosure; or(c)to answer any question if the answer would lead, or would tend to lead, to the revealing of any fact or matter referred to in paragraph (a) or (b).

for an offence under section 41 or this section; or(b)where the court is of the opinion that justice cannot fully be done between the parties without revealing the disclosure or the identity of any person as the person making the disclosure.

that a disclosure was made under section 41(3) ; or(b)the identity of any person as the person making the disclosure.

includes a report of any civil or criminal proceedings; and(b)does not include information published for statistical purposes by, or under the authority of, the Government .

against the person making the disclosure for an offence under section 41 ; or(b)for an offence under this section.

in the case of publication as part of a newspaper or periodical publication, any proprietor, editor, publisher and distributor thereof;

in the case of a publication otherwise than as part of a newspaper or periodical publication, any person who publishes it and any person who distributes it;

in the case of a broadcast, any person who broadcasts the information and, if the information is contained in a programme, any person who transmits or provides the programme and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, his benefits of drug trafficking; or(b)converts or transfers that property or removes it from the jurisdiction,for the purpose of avoiding prosecution for a drug trafficking offence or the making or enforcement in his case of a confiscation order shall be guilty of an offence.

conceals or disguises that property; or(b)converts or transfers that property or removes it from the jurisdiction,for the purpose of assisting any person to avoid prosecution for a drug trafficking offence or the making or enforcement of a confiscation order shall be guilty of an offence.

that he did not know or suspect that the disclosure was likely to prejudice the investigation; or(b)that he had lawful authority or reasonable excuse for making the disclosure.

no proceedings are instituted against that person;

proceedings are instituted against that person but do not result in his conviction for any drug trafficking offence ; or(c)proceedings are instituted against that person and he is convicted of one or more drug trafficking offences , but

the conviction or convictions concerned are quashed; or(ii)he is granted a pardon in respect of the conviction or convictions concerned,the High Court may, on application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

that there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned; and(b)that the applicant has suffered loss in consequence of anything done in relation to the property by, or in pursuance of an order of, the High Court under section 12, 13 or 15.

a disclosure is made by any person in accordance with section 41(3) in relation to any property;

in consequence of the disclosure and for the purposes of an investigation or prosecution in respect of a drug trafficking offence or offences any act is done or omitted to be done in relation to that property; and(c)no proceedings are instituted against any person in respect of that offence or offences or no order is made by the High Court under section 12 or 13 in relation to that property,the Court may, on application by a person who held the property, order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

that there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence or offences concerned and that, but for that default, the act or omission referred to in subsection (4)(b) would not have occurred; and(b)the applicant has, in consequence of the act or omission referred to in subsection (4)(b), suffered loss in relation to the property.

by a director, employee or agent of the body corporate within the scope of his actual or apparent authority; or(b)by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent,shall be deemed, for the purposes of this Act, to have been engaged in by the body corporate.

by an employee or agent of the person within the scope of his actual or apparent authority; or(b)by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent,shall be deemed, for the purposes of this Act, to have been engaged in by the first-mentioned person.

direct in relation to a country or territory outside Singapore designated by the order (referred to in this Act as a designated country) that, subject to such modifications as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;

make

such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;

such provision as to evidence or proof of any matter for the purposes of this section and section 49; and(iii)such incidental, consequential and transitional provision, as appears to him to be expedient; and(c)without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds arising out of action taken in the designated country with a view to satisfying a confiscation order and which are retained there shall nevertheless be treated as reducing the amount payable under the order to such extent as may be specified.

it is satisfied that at the time of registration the order is in force and not subject to appeal;

it is satisfied, where the person affected by the order did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and(c)it is of the opinion that enforcing the order in Singapore would not be contrary to the interests of justice.

any proceedings by way of discharging or setting aside a judgment; and(b)an application for a new trial or a stay of execution.