4. Order 89A of the principal Rules is amended —(a) | by deleting the word “trafficking” in Rules 2(1)(a) and (b) and 5(1)(a) and (b)(i), (ii) and (iii) and substituting in each case the word “dealing”; | (b) | by inserting, immediately after Rule 10, the following Rules:“Application for substitute property confiscation order (O. 89A, r. 10A) |
10A.—(1) An application for a substitute property confiscation order under section 29B(1) must be filed with a supporting affidavit.(2) The application must be entitled in the matter of the defendant (naming the defendant) and in the matter of the Act, and all subsequent documents in the matter must be so entitled. |
(3) The supporting affidavit must state —(a) | that the defendant is convicted, or is by reason of section 26 taken to be convicted, of a drug dealing offence or a serious offence (giving particulars of the offence); | (b) | that the defendant had used or intended to use an instrumentality (giving particulars of the instrumentality) for the commission of the offence; | (c) | that the instrumentality is not available for forfeiture; | (d) | the reason mentioned in section 29B(2)(a), (b) or (c) that the instrumentality is not available for forfeiture (giving particulars of that reason); | (e) | the value of the instrumentality at the time the offence was committed; | (f) | full particulars of the realisable property in respect of which the order is sought, and the person or persons who (to the best of the deponent’s knowledge) hold the property; and | (g) | the amount to be recovered under the substitute property confiscation order. |
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(4) Unless the Court otherwise directs, the supporting affidavit may contain statements of information or belief with the sources of information and grounds of belief. |
(5) The application and supporting affidavit must be served, not less than 7 clear days before the date fixed for the hearing of the application, on —(a) | the defendant; | (b) | any person who has an interest in the realisable property to which the application relates; and | (c) | the receiver, where one has been appointed in the matter. |
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Application for variation of substitute property confiscation order (O. 89A, r. 10B) |
10B.—(1) An application by the Public Prosecutor for a certificate under section 10(4) read with section 29C(1), or for an increase in the amount to be recovered under a substitute property confiscation order under section 10(6) read with section 29C(1), must be filed with a supporting affidavit.(2) The application and supporting affidavit mentioned in paragraph (1) must be served, not less than 7 clear days before the date fixed for the hearing of the application, on —(a) | the defendant; | (b) | any person who has an interest in the realisable property to which the application relates; and | (c) | the receiver, where one has been appointed in the matter. |
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(3) An application by the defendant for a certificate under section 22(1) read with section 29C(1), or for a reduction in the amount to be recovered under a substitute property confiscation order under section 22(3) read with section 29C(1), must be filed with a supporting affidavit. |
(4) The application and supporting affidavit mentioned in paragraph (3) must be served, not less than 7 clear days before the date fixed for the hearing of the application, on —(a) | the Public Prosecutor; and | (b) | the receiver, where one has been appointed in the matter. |
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Application for restraint order or charging order for enabling satisfaction of substitute property confiscation order (O. 89A, r. 10C) |
10C.—(1) An application for a restraint order under section 16 read with section 29C(1), or for a charging order under section 17 read with section 29C(1), to either of which may be joined an application for the appointment of a receiver, must be filed with a supporting affidavit.(2) The application must be entitled in the matter of the defendant (naming the defendant) and in the matter of the Act, and all subsequent documents in the matter must be so entitled. |
(3) The supporting affidavit must —(a) | state such of the following as may be applicable:(i) | that proceedings have been instituted against the defendant for a drug dealing offence or a serious offence (giving particulars of the offence), and that those proceedings have not been concluded; | (ii) | that the defendant has been officially informed under section 23(1) of the Criminal Procedure Code (Cap. 68) that the defendant may be prosecuted for a drug dealing offence or a serious offence (giving particulars of the offence); | (iii) | that after investigations for a drug dealing offence or a serious offence (giving particulars of the offence) have been commenced against the defendant, the defendant has died or cannot be found or is outside the jurisdiction; |
| (b) | state all of the following matters:(i) | that the defendant had used or intended to use an instrumentality (giving particulars of the instrumentality) for the commission of the offence mentioned in sub‑paragraph (a)(i), (ii) or (iii) (as the case may be); | (ii) | that the instrumentality is not available for forfeiture; | (iii) | the reason mentioned in section 29B(2)(a), (b) or (c) that the instrumentality is not available for forfeiture (giving particulars of that reason); | (iv) | the value of the instrumentality at the time the offence was committed; |
| (c) | contain full particulars of the realisable property in respect of which the order is sought, and the person or persons who (to the best of the deponent’s knowledge) hold the property; and | (d) | where proceedings have not been instituted against the defendant, indicate when it is intended that they should be instituted. |
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(4) Unless the Court otherwise directs, the supporting affidavit may contain statements of information or belief with the sources of information and grounds of belief. |
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Application of Rules 7 and 8 to restraint order or charging order for enabling satisfaction of substitute property confiscation order (O. 89A, r. 10D) |
10D. To avoid doubt, Rules 7 and 8 apply to —(a) | a restraint order made under section 16 read with section 29C(1); and | (b) | a charging order made under section 17 read with section 29C(1). |
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Realisation of property after making of substitute property confiscation order (O. 89A, r. 10E) |
10E.—(1) An application for an order under section 19 read with section 29C(1) must be filed with a supporting affidavit.(2) The supporting affidavit must —(a) | contain full particulars of the realisable property to which the application relates, and the person or persons who (to the best of the deponent’s knowledge) hold the property; and | (b) | exhibit a copy each of the substitute property confiscation order, any certificate issued by the Court under section 10(2) read with section 29C(1), and any charging order made in the matter. |
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(3) The application and supporting affidavit must be served, not less than 7 clear days before the date fixed for the hearing of the application, on —(a) | the defendant; | (b) | any person who has an interest in the realisable property to which the application relates; and | (c) | the receiver, where one has been appointed in the matter. |
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(4) The Court may, on an application under section 19 read with section 29C(1), exercise the power conferred by section 20(1) read with section 29C(1) to direct the making of payments by the receiver. |
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Receiver for enabling satisfaction of substitute property confiscation order (O. 89A, r. 10F) |
10F.—(1) Subject to this Rule, Order 30, Rules 2 to 6 apply where the Public Trustee is appointed as receiver —(a) | in pursuance of a charging order made under section 17 read with section 29C(1); or | (b) | under section 16 or 19 read with section 29C(1). |
(2) Unless the Court otherwise orders, the Public Trustee —(a) | need not make an affidavit of fitness; and | (b) | need not give security. |
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(3) Where any sum remains after the Public Trustee has fully paid the amount payable under the substitute property confiscation order, the Public Trustee must apply for directions as to the distribution of that sum. |
(4) The application must be filed with a supporting affidavit, and the application and supporting affidavit must be served, not less than 7 clear days before the date fixed for the hearing of the application, on —(a) | the defendant; and | (b) | any other person who held property realised by the receiver.”; |
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| (c) | by inserting, immediately after the words “appointed under section 16 or 19” in Rule 12(1), the words “, or under section 16 or 19 read with section 29C(1),”; and | (d) | by deleting the word “trafficking” in the Rule heading of Rule 13 and substituting the word “dealing”. |
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