Page:Mutual Assistance in Criminal Matters Act 2000.pdf/31

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS
31


Registration of foreign confiscation order

30.—(1) The Attorney-General or a person authorised by him may apply to the High Court for the registration of a foreign confiscation order.

(2) The High Court may, on an application referred to in subsection (1), register the foreign confiscation order if it is satisfied—

(a) that the order is in force and not subject to further appeal in the foreign country;
(b) where a person affected by the order did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable him to defend them; and
(c) that enforcing the order in Singapore would not be contrary to the interests of justice.

(3) In subsection (2), "appeal" includes—

(a) any proceedings by way of discharging or setting aside a judgment; and
(b) an application for a new trial or a stay of execution.

(4) The High Court shall cancel the registration of a foreign confiscation order if it appears to the Court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or other means.

(5) Where an amount of money (if any) payable or remaining to be paid under a foreign confiscation order registered in the High Court under this section is expressed in a currency other than that of Singapore, the amount shall, for the purpose of any action taken in relation to that order, be converted into the currency of Singapore on the basis of the exchange rate prevailing on the date of registration of the order.

(6) For the purposes of subsection (5), a certificate issued by the Monetary Authority of Singapore and stating the exchange rate prevailing on a specified date shall be admissible in any judicial proceedings as evidence of the facts so stated.