Drug Trafficking (Confiscation of Benefits) Act 1992

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 33]

Friday, December 4

[1992

The following Act was passed by Parliament on 14th September 1992 and assented to by the President on 17th October 1992:—

Drug Trafficking (Confiscation Of Benefits) Act 1992

(No. 29 of 1992)

I assent.

WEE KIM WEE

President,

17th October 1992.

Date of Commencement: 4th December 1992

An Act to provide for the confiscation of benefits derived from drug trafficking and for purposes connected therewith.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1.—(1) This Act may be cited as the Drug Trafficking (Confiscation of Benefits) Act 1992 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“authorised officer” means —

(a)	any officer of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act including the Director (Cap. 185);
(b)	any police officer; and
(c)	any other person authorised in writing by the Minister for the purposes of this Act (Cap. 19);

“bank” means a bank licensed under the Banking Act;

“charging order” means an order made under section 13(1);

“confiscation order” means an order made under section 4;

“corresponding law” has the same meaning as in the Misuse of Drugs Act;

“customs officer” has the same meaning as in the Customs Act (Cap. 70);

“dealing with property” is to be construed in accordance with section 12(7);

“defendant” means a person against whom proceedings have been instituted for a drug trafficking offence or offences whether or not he has been convicted thereof;

“drug trafficking” means doing or being concerned in, whether in Singapore or elsewhere, any act constituting —

(a)	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 —

(i)	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 that funds are placed at that other person’s disposal or are used for that other person’s benefit to acquire property by way of investment;

“drug trafficking offence” means —

(a)	any of the offences specified in the Schedule;
(b)	conspiracy to commit any of those offences;
(c)	inciting another to commit any of those offences;
(d)	attempting to commit any of those offences; or
(e)	aiding, abetting, counselling or procuring the commission of any of those offences;

“financial institution” includes —

(a)	a bank licensed under the Banking Act (Cap. 19);
(b)	a merchant bank that is approved as a financial institution under section 28 of the Monetary Authority of Singapore Act (Cap. 186);
(c)	a finance company licensed under the Finance Companies Act (Cap. 108);
(d)	a dealer or an investment adviser licensed under the Securities Industry Act (Cap. 289);
(e)	a futures broker, a futures trading adviser or a futures pool operator licensed under the Futures Trading Act (Cap. 116);
(f)	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;

“foreign offence” means an offence punishable under a corresponding law;

“gift caught by this Act” is to be construed in accordance with section 8(8);

“interest”, in relation to property, includes right;

“making a gift” is to be construed in accordance with section 8(9);

“material” includes any book, document or other record in any form whatsoever, and any container or article relating thereto;

“Monetary Authority of Singapore” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act (Cap. 186);

“officer of the Bureau” means the Director or any officer of the Central Narcotics Bureau appointed under section 3 of the Misuse of Drugs Act (Cap. 185);

“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property;

“realisable property” has the same meaning as in section 8(1);

“restraint order” means an order made under section 12(1);

“value of gift” is to be construed in accordance with section 8;

“value of property” is to be construed in accordance with section 8(3);

(2) For the purposes of this Act —

(a)	property is held by any person if he holds any interest in it;
(b)	references to property held by a person include a reference to property vested in his trustee in bankruptcy or liquidator;
(c)	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.

(3) For the purposes of this Act —

(a)

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

(b)

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

(i)	the discontinuance of the proceedings;
(ii)	the acquittal of the defendant;
(iii)	the quashing of the defendant’s conviction for the offence;
(iv)	the grant of the President’s pardon in respect of the defendant’s conviction for the offence;
(v)	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).

(4) For the purposes of this Act, an order is subject to appeal as long as an appeal or further appeal is pending against the order or (if it was made on a conviction) against the conviction; and for this purpose, an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing the appeal.

Application

3.—(1) This Act shall apply to any drug trafficking offence whether committed before or after the commencement of this Act except that nothing in this Act shall impose any duty or confer any power on any court in or in connection with proceedings against a person for a drug trafficking offence in respect of which he has been convicted by a court before the commencement of this Act.

(2) This Act shall apply to any property, whether it is situated in Singapore or elsewhere.

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