Page:Organised Crime Act 2015.pdf/61

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62
NO. 26 OF 2015


an order that realisable property is not to be disposed of, or dealt with, other than as provided for in the restraint order.

(2) A restraint order may be subject to such conditions and exceptions as the Court may specify in the order.

(3) The Court may vary a restraint order in relation to any property.

(4) In this section, dealing with property held by any person includes—

(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b) removing the property from Singapore.

Charging orders

58.—(1) The Court, when hearing an application for a charging order, may, if it has reasonable grounds to believe that the subject has carried out organised crime activity within the statutory period, 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; or
(b) in any other case, of an amount not exceeding the amount payable under the confiscation order.

(2) A charging order is an order imposing on any property specified in the order a charge for securing the payment of money to the Government.

(3) A charging order may be subject to such conditions and exceptions as the Court may specify in the order.

(4) The Court may vary a charging order.

Duration of orders

59.—(1) A restraint or charging order expires on the earlier of the following: