12. Orders 89A and 89B of the principal Rules are deleted and the following Orders substituted therefor:CORRUPTION, DRUG TRAFFICKING AND OTHER SERIOUS CRIMES (CONFISCATION OF BENEFITS) ACT |
Interpretation (O. 89A, r. 1) |
1.—(1) In this Order, “Act” means the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A) and any reference to a section shall, unless it is otherwise expressly provided, be construed as a reference to a section in the Act.(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act. |
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Application for confiscation order (O. 89A, r. 2) |
2.—(1) An application for a confiscation order under section 4 (1) or 5(1) must be made by summons.(2) An application under paragraph (1) must be supported by an affidavit which must state —(a) | the grounds for believing that the defendant has derived benefits from drug trafficking or criminal conduct, as the case may be; | (b) | that the defendant has been convicted of one or more drug trafficking offences or serious offences, as the case may be, (giving particulars of each offence); | (c) | full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and | (d) | the amount to be recovered under the confiscation order. |
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(3) A summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled. |
(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof. |
(5) The summons must be filed and served with an affidavit in support thereof on —(a) | the defendant; | (b) | any person having any interest in the property to which the application relates; and | (c) | the receiver, where one has been appointed in the matter, |
not less than 7 clear days before the date fixed for the hearing of the application. |
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Application for variation of confiscation orders (O. 89A, r. 3) |
3.—(1) An application by the Public Prosecutor for a certificate under section 10 (4) or for a variation of a confiscation order under section 10 (6) must be made by summons.(2) A summons under paragraph (1) must be filed and served with an affidavit in support thereof on —(a) | the defendant; | (b) | any person having any interest in the property to which the application relates; and | (c) | the receiver, where one has been appointed in the matter, |
not less than 7 clear days before the date fixed for the hearing of the application. |
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(3) An application by the defendant for a certificate under section 22 (1) or for a variation of a confiscation order under section 22 (3) must be made by summons. |
(4) A summons under paragraph (3) must be filed and served with an affidavit in support thereof on —(a) | the Public Prosecutor; and | (b) | the receiver, where one has been appointed in the matter, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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Protection of rights of third party where confiscation order is about to be made or has been made (O. 89A, r. 4) |
4.—(1) An application for an order declaring the nature, extent and value of a person’s interest in property under section 13 (1) or (3) must be made by summons.(2) A summons under paragraph (1) must be filed and served with an affidavit in support thereof on —(a) | the Public Prosecutor; | (b) | the defendant; | (c) | any other person having any interest in the property to which the application relates; and | (d) | the receiver, where one has been appointed in the matter, |
not less than 7 clear days before the date fixed for the hearing of the application. |
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Application for restraint order or charging order (O. 89A, r. 5) |
5.—(1) An application for a restraint order under section 16 or for a charging order under section 17 (to either of which may be joined an application for the appointment of a receiver) must be made by summons.(2) An application under paragraph (1) must be supported by an affidavit which must —(a) | state the grounds for believing that the defendant has derived benefits from drug trafficking or criminal conduct, as the case may be; | (b) | state, as the case may be —(i) | that proceedings have been instituted against the defendant for a drug trafficking offence or a serious offence, as the case may be, (giving particulars of the offence) and that they have not been concluded; | (ii) | that the defendant has been officially informed under section 122(6) of the Criminal Procedure Code (Chapter 68) that he may be prosecuted for a drug trafficking offence or a serious offence, as the case may be; and | (iii) | that after investigations for a drug trafficking offence or a serious offence, as the case may be, have been commenced against the defendant, the defendant has died or cannot be found or is outside the jurisdiction; |
| (c) | contain full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and | (d) | where proceedings have not been instituted, indicate when it is intended that they should be instituted. |
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(3) A summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled. |
(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof. |
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Restraint orders and charging orders (O. 89A, r. 6) |
6.—(1) A restraint order may be made subject to conditions and exceptions, including —(a) | conditions relating to the indemnifying of third parties against expenses incurred in complying with the order; and | (b) | exceptions relating to living expenses and legal expenses of the defendant, |
but the Public Prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order. |
(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application. |
(3) Where a restraint order is made, the Public Prosecutor must —(a) | unless the Court otherwise provides, serve copies of the order and of the affidavit in support thereof on the defendant and on all other named persons restrained by the order; and | (b) | notify all other persons or bodies affected by the order of its terms. |
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(4) Where a charging order is made, the Public Prosecutor must —(a) | unless the Court otherwise directs, serve copies of the order and of the affidavit in support thereof on the defendant and, where property to which the order relates is held by another person, on that person; and | (b) | serve a copy of the order on such of the persons or bodies specified in Order 50, Rule 2(1), as shall be appropriate. |
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Discharge or variation of order (O. 89A, r. 7) |
7.—(1) Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may apply by summons to discharge or vary the order.(2) The summons and any affidavit in support thereof must be filed and served on —(a) | the Public Prosecutor; and | (b) | the defendant where he is not the applicant, |
not less than 2 clear days before the date fixed for the hearing of the summons. |
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Further application (O. 89A, r. 8) |
8.—(1) Where a restraint order or a charging order has been made, an application may be made by the Public Prosecutor by summons or, where the case is one of urgency, ex parte —(a) | to discharge or vary such order; | (b) | for a restraint order or a charging order in respect of other realisable property; or | (c) | for the appointment of a receiver. |
(2) An application under paragraph (1) must be supported by an affidavit which must, where the application is for a restraint order or a charging order, contain full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide. |
(3) The summons and affidavit in support thereof must be filed and served on the defendant and, where a receiver has been appointed in the matter, on the receiver, not less than 2 clear days before the date fixed for the hearing of the summons. |
(4) Rule 6(3) and (4) shall apply to the service of restraint orders and charging orders, respectively, made under this Rule on persons other than the defendant. |
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Realisation of property (O. 89A, r. 9) |
9.—(1) An application for an order under section 19 must be made by summons.(2) The summons under paragraph (1) must be filed and served with an affidavit in support thereof on —(a) | the defendant; | (b) | any person having any interest in the realisable property to which the application relates; and | (c) | the receiver, where one has been appointed in the matter, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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(3) The affidavit must contain full particulars of the realisable property to which it relates and specify the person or persons holding such property, as the deponent is, to the best of his knowledge able to provide, and a copy of the confiscation order, of any certificate issued by the Court under section 10 (2) and of any charging order made in the matter must be exhibited to such affidavit. |
(4) The Court may, on an application under section 19, exercise the power conferred by section 20 (1) to direct the making of payments by the receiver. |
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Receivers (O. 89A, r. 10) |
10.—(1) Subject to this Rule, Order 30, Rules 2 to 6 shall apply where the Public Trustee is appointed as receiver in pursuance of a charging order or under section 16 or 19.(2) It shall not be necessary for an affidavit of fitness to be sworn or for the Public Trustee to give security, unless the Court otherwise orders. |
(3) Where the Public Trustee has fully paid the amount payable under the confiscation order and any sums remain in his hands, he must apply by summons for directions as to the distribution of such sums. |
(4) A summons under paragraph (3) must be filed and served with an affidavit in support thereof on —(a) | the defendant; and | (b) | any other person who held property realised by the receiver, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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Compensation (O. 89A, r. 11) |
11. An application for an order for compensation under section 50 must be made by summons which must be filed and served with any supporting evidence on —(a) | the person alleged to be in default; and | (b) | the Public Prosecutor, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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Disclosure of information (O. 89A, r. 12) |
12.—(1) An application for disclosure of information under section 42 must be made by summons, which shall state the nature of the order sought, specifying the grounds of the application and whether material sought to be disclosed is to be disclosed to a receiver appointed under section 16 or 19 or in pursuance of a charging order or to an authorised officer.(2) The summons and affidavit in support thereof must be filed and served on the public body —(a) | not less than 7 clear days before the date fixed for the hearing of the summons; and | (b) | where the public body is a Government department, in accordance with Order 73, Rule 3. |
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(3) The affidavit in support of an application under paragraph (1) shall state the grounds for believing that the conditions in section 42 (4) and, if appropriate, section 42 (7A) are fulfilled. |
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Investigation into drug trafficking and criminal conduct — discharge and variation of orders (O. 89A, r. 13) |
13.—(1) An application for a production order under section 30 must be made by summons supported by affidavit and may be made ex parte.(2) An application for a warrant under section 34 must be made by summons and may be made ex parte. |
(3) Where an order under section 30 has been made, the person required to comply with the order may apply to the Court by summons for the order to be discharged or varied, and on hearing such an application the Court may discharge the order or make such variations to it as the Court thinks fit. |
(4) Subject to paragraph (5), where a person proposes to make an application under paragraph (3) for the discharge or variation of an order, he shall serve a copy of the application, not later than 2 clear days before the making of the application, on the authorised officer by whom the application for an order was made, or if such officer is not known or cannot be found, to another authorised officer. |
(5) The Court may direct that paragraph (4) need not be complied with if the Court is satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph. |
(6) Notwithstanding Order 60, Rule 4, no person may inspect or take a copy of any document relating to —(a) | the application referred to in paragraph (1); or | (b) | an application to vary or discharge such an order under paragraph (3), |
without the leave of Court. |
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Production orders against financial institutions (O. 89A, r. 14) |
14.—(1) An application for a production order against a financial institution under section 31 (1) must be made by summons supported by affidavit and may be made ex parte.(2) Notwithstanding Order 60, Rule 4, no person may inspect or take a copy of any document relating to such application without the leave of Court. |
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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2000 |
Interpretation (O. 89B, r. 1) |
1.—(1) In this Order, “Act” means the Mutual Assistance in Criminal Matters Act 2000 (Act 12 of 2000) and —(a) | any reference to a section shall be construed as a reference to a section in the Act; and | (b) | any reference to the First Schedule shall be construed as a reference to the First Schedule to the Act. |
(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act. |
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Production orders (O. 89B, r. 2) |
2.—(1) An application for an order under section 22 must be made by summons supported by affidavit and may be made ex parte.(2) Where an order under section 22 has been made, the person required to comply with the order may apply to the Court by summons for the order to be discharged or varied, and on hearing such an application, the Court may discharge the order or make such variations to it as the Court thinks fit. |
(3) Subject to paragraph (4), where a person proposes to make an application under paragraph (2) for the discharge or variation of an order, he shall serve a copy of the application, not later than 2 clear days before the making of the application, on the Attorney-General or the person who made the application for the order. |
(4) The Court may direct that paragraph (3) need not be complied with if the Court is satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph. |
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Confidentiality of documents relating to production orders (O. 89B, r. 3) |
3. Notwithstanding Order 60, Rule 4, no person may inspect or take a copy of any document relating to —(a) | an application for an order under section 22; or | (b) | an application to discharge or vary such an order, |
without the leave of Court. |
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Application for registration (O. 89B, r. 4) |
4. An application for registration of a foreign confiscation order under section 30 (1) must be made by summons and may be made ex parte. |
Evidence in support of application under section 30 (O. 89B, r. 5) |
5. An application for registration of a foreign confiscation order under section 30 (1) must be supported by an affidavit —(a) | exhibiting the order or a duly authenticated copy thereof within the meaning of section 31 (2) and, where the order is not in English, a duly translated copy thereof in English; and | (b) | stating —(i) | that the order is in force and is not subject to further appeal in the foreign country; | (ii) | where any person affected by the order did not appear in the proceedings, that he received notice thereof in sufficient time to enable him to defend them; | (iii) | in the case of money, that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as the case may be, or, in the case of other property, the property which has not been recovered; and | (iv) | to the best of the deponent’s knowledge, particulars of the property that is believed to be located in Singapore and against which the order was made, and the source of the deponent’s knowledge. |
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Register of orders (O. 89B, r. 6) |
6.—(1) The Registrar shall keep a register of the orders registered under the Act.(2) There shall be included in such register particulars of —(a) | any cancellation of a registration; | (b) | any variation, satisfaction or discharge of a registered order; and | (c) | any execution issued on such an order. |
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Notice of registration (O. 89B, r. 7) |
7.—(1) Notice of the registration of an order must be served on the person against whom the order was made.(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such a notice as they apply in relation to a writ. |
(3) The notice must state the period within which an application may be made to cancel the registration and that the order will not be enforced until after the expiration of that period. |
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Application to cancel registration (O. 89B, r. 8) |
8. An application to cancel the registration of an order must be made by summons supported by affidavit. |
Enforcement of foreign confiscation order (O. 89B, r. 9) |
9.—(1) A foreign confiscation order registered under section 30 (2) shall not be enforced until after the expiration of the period specified in accordance with Rule 7(3) or, if that period has been extended by the Court, until after the expiration of the period so extended.(2) If an application is made under Rule 8, a foreign confiscation order shall not be enforced until after such application is determined. |
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Rules to have effect subject to orders (O. 89B, r. 10) |
10. Rules 4 to 9 shall have effect subject to the provisions of any order made under section 17. |
Application for restraint order or charging order (O. 89B, r. 11) |
11.—(1) An application for a restraint order under rule 7(1) of the First Schedule or for a charging order under rule 8(1) of that Schedule (to either of which may be joined an application for the appointment of a receiver) must be made by summons.(2) An application under paragraph (1) must be supported by an affidavit which must —(a) | state, where applicable, that judicial proceedings have been instituted in a prescribed foreign country and have not been concluded, and the grounds for believing that a foreign confiscation order may be made in those proceedings; | (b) | contain full particulars of the property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and | (c) | in a case to which rule 6(2) of the First Schedule applies, indicate when it is intended that judicial proceedings should be instituted in the prescribed foreign country. |
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(3) A summons under paragraph (1) must be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter must be so entitled. |
(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof. |
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Restraint order and charging order (O. 89B, r. 12) |
12.—(1) A restraint order under rule 7(1) of the First Schedule may be made subject to conditions and exceptions, including —(a) | conditions relating to the indemnifying of third parties against expenses incurred in complying with the order; and | (b) | exceptions relating to living expenses and legal expenses of the defendant, |
but the Attorney-General or the receiver who applied for the order (as the case may be) shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order. |
(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application. |
(3) Where a restraint order is made, the Attorney-General or the receiver who applied for the order (as the case may be) must —(a) | unless the Court otherwise provides, serve copies of the order and of the affidavit in support thereof on the defendant and on all other named persons restrained by the order; and | (b) | notify all other persons or bodies affected by the order of its terms. |
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(4) Where a charging order is made, the Attorney-General or the receiver who applied for the order (as the case may be) must —(a) | unless the Court otherwise directs, serve copies of the order and of the affidavit in support thereof on the defendant and, where property to which the order relates is held by another person, on that person; and | (b) | serve a copy of the order on such of the persons or bodies specified in Order 50, Rule 2(1), as shall be appropriate. |
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Discharge or variation of order (O. 89B, r. 13) |
13.—(1) Any person or body on whom a restraint order under rule 7(1) of the First Schedule or a charging order under rule 8(1) of that Schedule is served or who is notified of such an order may apply by summons to discharge or vary the order.(2) The summons and any affidavit in support thereof must be filed and served on —(a) | the Attorney-General or the receiver who applied for the order, as the case may be; and | (b) | the defendant where he is not the applicant, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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Further application (O. 89B, r. 14) |
14.—(1) Where a restraint order under rule 7(1) of the First Schedule or a charging order under rule 8(1) of that Schedule has been made, an application may be made by the Attorney-General or the receiver who applied for the order (as the case may be) by summons and, where the case is one of urgency, ex parte —(a) | to discharge or vary such order; | (b) | for a restraint order under rule 7(1) of the First Schedule or a charging order under rule 8(1) of that Schedule in respect of other realisable property; or | (c) | for the appointment of a receiver. |
(2) An application under paragraph (1) must be supported by affidavit. |
(3) In the case of an application for a restraint order or a charging order, the affidavit must contain full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide. |
(4) The summons and any affidavit in support thereof must be filed and served on —(a) | the defendant; and | (b) | the receiver, where one has been appointed in the matter, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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(5) Rule 12(3) and (4) shall apply to the service of restraint orders and charging orders, respectively, made under this Rule on persons other than the defendant. |
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Realisation of property (O. 89B, r. 15) |
15.—(1) An application under paragraph 10 of the First Schedule must be made by summons.(2) The summons must be filed and served with an affidavit in support thereof on —(a) | the defendant; | (b) | any person holding any interest in the realisable property to which the application relates; and | (c) | the receiver, where one has been appointed in the matter, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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(3) The affidavit must contain full particulars of the realisable property to which it relates and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide. |
(4) A copy of the foreign confiscation order, and of any charging order made in the matter, must be exhibited to such affidavit. |
(5) The Court may, on application under paragraph 10 of the First Schedule, exercise the power conferred by rule 11(1) of that Schedule to direct the making of payments by the receiver. |
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Receivers (O. 89B, r. 16) |
16.—(1) Subject to this Rule, Order 30, Rules 2 to 6 shall apply where the Public Trustee is appointed as receiver in pursuance of a charging order or under paragraph 7 or 10 of the First Schedule.(2) It shall not be necessary for an affidavit of fitness to be sworn or for the Public Trustee to give security, unless the Court otherwise orders. |
(3) Where the Public Trustee has fully paid the amount payable under the foreign confiscation order and any sums remain in his hands, the Public Trustee must apply by summons for directions as to the distribution of such sums. |
(4) A summons under paragraph (3) must be filed and served with an affidavit in support thereof on —(a) | the defendant; and | (b) | any other person who held property realised by the receiver, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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Restraint orders for instrumentality forfeiture orders (O. 89B, r. 17) |
17.—(1) An application for a restraint order under rule 17(1) of the First Schedule (to which may be joined an application for the appointment of a receiver) must be made by summons and may be made ex parte.(2) An application under paragraph (1) must be supported by an affidavit which must —(a) | state, where applicable, that judicial proceedings have been instituted in a prescribed foreign country and have not been concluded, and the grounds for believing that an instrumentality forfeiture order may be made in those proceedings; | (b) | contain full particulars of the property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and | (c) | in a case to which rule 17(3) of the First Schedule applies, indicate when it is intended that judicial proceedings should be instituted in the prescribed foreign country. |
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(3) A summons under paragraph (1) must be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter must be so entitled. |
(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof. |
(5) Rules 12, 13, 14 and 16 shall, with the necessary modifications, apply in relation to a restraint order under rule 17(1) of the First Schedule as they apply in relation to a restraint order under rule 7(1) of that Schedule. |
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Disposal of forfeited property (O. 89B, r. 18) |
18.—(1) An application for an order under paragraph 18 of the First Schedule must be made by summons supported by affidavit.(2) The summons must be filed and served with an affidavit in support thereof on any person holding any interest in the property to which the application relates not less than 7 clear days before the date fixed for the hearing of the summons. |
(3) The affidavit must contain full particulars of the property and specify the person or persons holding any interest in such property, as the deponent is, to the best of his knowledge, able to provide. |
(4) A copy of the instrumentality forfeiture order must be exhibited to such affidavit. |
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Compensation (O. 89B, r. 19) |
19. An application for an order under paragraph 16 or 21 of the First Schedule must be made by summons which must be filed and served with any supporting evidence on —(a) | the person alleged to be in default; and | (b) | the Attorney-General, |
not less than 7 clear days before the date fixed for the hearing of the summons. |
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Application for search warrant (O. 89B, r. 20) |
20. An application for a warrant under section 34 must be made by summons supported by affidavit and may be made exparte. ”. |
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