PART I | Short title and commencement |
1.—(1) This Act may be cited as the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 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. |
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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 [Cap. 185] including the Director; | | (aa) | any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act (Cap. 241); [25/99 wef 13/09/1999] | | (b) | any police officer; and | | (c) | any other person authorised in writing by the Minister for the purposes of this Act; |
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| “bank” means a bank licensed under the Banking Act [Cap. 19]; |
| “charging order” means an order made under section 13(1); |
| “confiscation order” means an order made under section 4 or 4A; |
“corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a foreign country to be a law providing for the control and regulation in that country of —| (a) | the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30th March 1961; | | (b) | the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties; or | | (c) | the benefits of trafficking in the drugs or substances referred to in paragraph (a) or (b); [25/99 wef 13/09/1999] |
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“criminal conduct” means —| (a) | doing or being concerned in, whether in Singapore or elsewhere, any act constituting —| (i) | a serious offence (other than an offence under section 41A or 43A); or | | (ii) | a foreign serious offence; |
| | (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 from an act referred to in paragraph (a) is facilitated; or | | (ii) | the benefits from an act referred to in 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 paragraph (a); or | | (d) | the conversion or transfer, by a person, of any property referred to in paragraph (c) or the removal of such property from the jurisdiction; [25/99 wef 13/09/1999] |
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| “criminal matters” means the subject of mutual assistance in the investigation of a serious offence or a foreign serious offence; [25/99 wef 13/09/1999] |
| “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 a serious offence, as the case may be, or offences whether or not he has been convicted thereof; |
| “drug-related matters” means the subject of mutual assistance in the investigation of a drug trafficking offence or a foreign drug trafficking offence; [25/99 wef 13/09/1999] |
“drug trafficking” means —| (a) | doing or being concerned in, whether in Singapore or elsewhere, any act constituting —| (i) | a drug trafficking offence (other than an offence under section 41 or 43); or | | (ii) | a foreign drug trafficking offence; |
| | (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 paragraph (a) is facilitated; or | | (ii) | the benefits of an act referred to in 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 of an act referred to in paragraph (a); or | | (d) | the conversion or transfer by a person of any property referred to in paragraph (c) or the removal of such property from the jurisdiction; [25/99 wef 13/09/1999] |
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“drug trafficking offence” means —| (a) | any of the offences specified in the First 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; |
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“financial institution” means —| (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) as a direct insurer carrying on life business; | | (g) | an insurance intermediary licensed under any written law relating to insurance intermediaries if the intermediary arranges contracts of insurance in respect of life business; and | | (h) | such other persons or class of persons as the Minister may by order prescribe, |
| but excludes a money-changer licensed to conduct money-changing business and a remitter licensed to conduct remittance business under the Money-changing and Remittance Businesses Act (Cap. 187); |
[25/99 wef 13/09/1999] |
| “foreign authority” means a foreign government or an appropriate authority designated by a foreign government exercising any function corresponding to a function of the Minister in charge of this Act; [25/99 wef 13/09/1999] |
| “foreign country” means any country or territory outside Singapore; [25/99 wef 13/09/1999] |
| “foreign court” means a court of competent jurisdiction in a foreign country which is a party to any treaty, memorandum of understanding or agreement for the control of narcotic drugs or for assistance in criminal matters to which Singapore is also a party; [25/99 wef 13/09/1999] |
| “foreign drug trafficking offence” means a drug trafficking offence punishable under a corresponding law; [25/99 wef 13/09/1999] |
| “foreign government” means the government of a foreign country; [25/99 wef 13/09/1999] |
| “foreign serious offence” means an offence (other than a foreign drug trafficking offence) against the laws of, or of a part of, a foreign country stated in a certificate purporting to be issued by or on behalf of the government of that country and the act or omission constituting the offence or the equivalent act or omission would, if it had occurred in Singapore, have constituted a serious offence; [25/99 wef 13/09/1999] |
| “gift caught by this Act” is to be construed in accordance with section 8(8) or (8A); |
| “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); |
“Registrar” means, in relation to proceedings in —| (a) | the High Court — the Registrar, Deputy Registrar or Assistant Registrar of the Supreme Court; | | (b) | a District Court or a Magistrate’s Court — the Registrar or Deputy Registrar of the Subordinate Courts; [25/99 wef 13/09/1999] |
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| “restraint order” means an order made under section 12(1); |
“serious offence” means —| (a) | any of the offences specified in the Second Schedule; | | (b) | conspiracy to commit any of those offences; | | (c) | inciting others 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; [25/99 wef 13/09/1999] |
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| “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. |
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(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 or a serious offence, as the case may be, 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; and | | (v) | [Deleted by Act 25/99 wef 13/09/1999] | | (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). |
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| (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. |
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3.—(1) This Act shall apply to any drug trafficking offence or foreign 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 any proceedings under this Act against a person for a drug trafficking offence or foreign drug trafficking offence in respect of which he has been convicted by a court before the commencement of this Act.| (1A) This Act shall apply to any serious offence or foreign serious offence whether committed before or after the date of commencement of the Drug Trafficking (Confiscation of Benefits) (Amendment) Act 1999 except that nothing in this Act shall impose any duty or confer any power on any court in connection with any proceedings under this Act against a person for a serious offence or a foreign serious offence in respect of which he has been convicted by a court before that date. [25/99 wef 13/09/1999] |
| (2) This Act shall apply to any property, whether it is situated in Singapore or elsewhere. |
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