Charging orders in respect of land, capital markets products, etc.
17.—(1)  The General Division of the High Court may make a charging order on realisable property for securing the payment to the Government —
(a)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.
[Act 40 of 2019 wef 02/01/2021]
(2)  For the purposes of this Act, a charging order is an order made under this section 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 Public Prosecutor; and
(b)on an ex parte application to a Judge in chambers.
(4)  Subject to subsection (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 Act —
(i)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.
(5)  The assets referred to in subsection (4) are —
(a)immovable property in Singapore; or
(b)any capital markets products.
[Act 51 of 2018 wef 01/04/2019]
(6)  In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in subsection (5)(b), the General Division of the High Court may provide for the charge to extend to any interest or dividend payable in respect of the asset.
[Act 40 of 2019 wef 02/01/2021]
(7)  Where the General Division of the High Court has made a charging order, the General Division of the High Court may give such directions to the Public Trustee or any person as the General Division of the High Court thinks fit to safeguard the assets under the charging order.
[Act 40 of 2019 wef 02/01/2021]
(8)  The General Division of the High Court may make an order discharging or varying the charging order and shall make an order discharging the charging order if the proceedings for the drug dealing offence or serious offence, as the case may be, are concluded or the amount, payment of which is secured by the charge, is paid into court.
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[25/99]
[Act 21 of 2014 wef 01/09/2014]
[Act 40 of 2019 wef 02/01/2021]
(9)  In this section, “capital markets products” has the meaning given by section 2(1) of the Securities and Futures Act (Cap. 289).
[Act 51 of 2018 wef 01/04/2019]
[Act 51 of 2018 wef 01/04/2019]