Page:Mutual Assistance in Criminal Matters Act 2000.pdf/44

44

FIRST SCHEDULE—continued :(b) entering into or being otherwise concerned in, whether in Singapore or elsewhere, an arrangement whereby—
 * (i) the retention or control by or on behalf of another person of that other person's benefits of an act referred to in sub-paragraph (a) is facilitated; or
 * (ii) the benefits from an act referred to in sub-paragraph (a) by another person are used to secure funds that are placed at that other person's disposal, directly or indirectly, or are used for that other person’s benefit to acquire property by way of investment or otherwise;
 * (c) the concealing or disguising by a person of any property which is, or in part, directly or indirectly represents, his benefits from an act referred to in sub-paragraph (a); or
 * (d) the conversion or transfer by a person of any property referred to in sub-paragraph (c) or the removal of such property from the jurisdiction.

Interest on amounts to be recovered under foreign confiscation orders

5.—(1) Where a fixed amount is payable under a foreign confiscation order which has been registered under section 30 of this Act, that amount shall be treated as a judgment debt and the provisions of any written law relating to the payment of interest on judgment debts shall apply to it.

(2) For the purposes of sub-paragraph (1), the date of registration of the order shall be treated as the date of the judgment debt.

(3) Where by virtue of sub-paragraph (1) any interest accrues on the amount payable under a foreign confiscation order, the defendant shall be liable to pay that interest and the amount of the interest shall for the purposes of enforcement be treated as part of the amount payable under the foreign confiscation order.

Cases in which restraint orders and charging orders may be made

6.—(1) The powers conferred on the High Court by paragraph 7 (1) to make a restraint order and by paragraph 8 (1) to make a charging order are exercisable where—
 * (a) judicial proceedings have been instituted in a prescribed foreign country;
 * (b) the proceedings have not been concluded; and
 * (c) either a foreign confiscation order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for believing that such an order may be made in them.

(2) Those powers are also exercisable where the High Court is satisfied that judicial proceedings are to be instituted in a prescribed foreign country and that there are reasonable grounds for believing that a foreign confiscation order may be made in them.