Page:Mutual Assistance in Criminal Matters Act 2000.pdf/46

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FIRST SCHEDULE—continued (9) Where the High Court has made a restraint order, an authorised officer may, for the purpose of preventing any realisable property from being removed from Singapore, seize the property.

(10) Property seized under sub-paragraph (9) shall be dealt with in accordance with the directions of the High Court.

Charging orders

8.—(1) The High Court may make a charging order on realisable property for securing the payment to the Government—
 * (a) where a fixed amount is payable under a foreign confiscation order, of an amount not exceeding the amount so payable; or
 * (b) in any other case, of an amount equal to the value from time to time of the property charged.

(2) For the purposes of this Schedule, a charging order is an order imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Government.

(3) A charging order may be made—
 * (a) only on an application by the Attorney-General, or in a case where a foreign confiscation order has been registered under section 30 of this Act, a receiver appointed under paragraph 9 or the Attorney-General; and
 * (b) on an ex parte application to a Judge in chambers.

(4) Subject to sub-paragraph (6), a charge may be imposed by a charging order only on—
 * (a) 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 Schedule—
 * (i) in any asset of a kind mentioned in sub-paragraph (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 sub-paragraph (a), be imposed by a charging order on the whole beneficial interest under the first-mentioned trust.

(5) The assets referred to in sub-paragraph (4) are—
 * (a) immovable property in Singapore; or
 * (b) securities of any of the following kinds:
 * (i) securities of the Government or of any public authority;
 * (ii) stock of any body incorporated in Singapore;