FIRST SCHEDULE—continued
PART III
Enforcement of Instrumentality Forfeiture Orders
Restraint orders
17.—(1) The High Court may in accordance with this paragraph make a restraint order to prohibit any person, subject to such conditions and exceptions as may be specified in the order, from dealing with any property in respect of which an instrumentality forfeiture order has been made, or in respect of which such an order could be made in the judicial proceedings referred to in sub-paragraph (2) or (3).
(2) A restraint order may be made where—
- (a) judicial proceedings have been instituted in a prescribed foreign country;
- (b) the proceedings have not been concluded; and
- (c) either a instrumentality forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for believing that such an order may be made in them.
(3) A restraint order may also be made where the High Court is satisfied that judicial proceedings are to be instituted in a prescribed foreign country and that there are reasonable grounds for believing that an instrumentality forfeiture order may be made in them.
(4) Where the High Court has made a restraint order by virtue of sub-paragraph (3), the Court shall discharge the order if the proposed judicial proceedings are not instituted within such time as the Court considers reasonable and which shall not in any event exceed a period of 3 months.
(5) A restraint order—
- (a) may be made only on an application by the Attorney-General;
- (b) may be made on an ex parte application to a Judge in chambers; and
- (c) notwithstanding anything in Order 11 of the Rules of Court, may provide for service on, or the provision of notice to, persons affected by the order in such a manner as the High Court may direct.
(6) A restraint order—
- (a) may be discharged or varied in relation to any property; and
- (b) shall be discharged when judicial proceedings in relation to which the order was made are concluded.
(7) Where the High Court has made a restraint order, the Court may at any time appoint the Public Trustee or any person as receiver (referred to in this Part as a receiver)—
- (a) to take possession of any property specified in the order; and
