Page:Mutual Assistance in Criminal Matters Act 2000.pdf/54

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54
NO. 12 OF 2000


FIRST SCHEDULE—continued

(b) in accordance with the directions of the Court, to manage or otherwise deal with any property in respect of which he is appointed,

subject to such exceptions and conditions as may be specified by the Court.

(8) The High Court may require any person having possession of property in respect of which a receiver is appointed under sub-paragraph (7) to give possession of it to the receiver.

(9) Where the High Court has made a restraint order, an authorised officer may, for the purpose of preventing any property specified in the restraint order being removed from Singapore, seize the property.

(10) Property seized under sub-paragraph (9) shall be dealt with in accordance with the directions of the High Court.

Disposal of forfeited property

18.—(1) Where an instrumentality forfeiture order has been registered under section 30 of this Act, the High Court may, on the application of the Attorney-General, order the forfeiture of the property specified in the instrumentality forfeiture order.

(2) Property forfeited under sub-paragraph (1) shall be disposed of in accordance with the High Court's directions.

(3) The High Court shall not in respect of any property exercise the powers conferred by sub-paragraphs (1) and (2) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the Court.

Exercise of powers by High Court

19.—(1) This paragraph applies to the powers conferred on the High Court by paragraphs 18 and 19 or on the Public Trustee or person appointed as receiver under paragraph 18.

(2) The powers shall be exercised with a view to recovering property which is liable to be recovered under an instrumentality forfeiture order registered under section 30 of this Act or, as the case may be, with a view to recovering property which may become liable to be recovered under any instrumentality forfeiture order which may be made.

Receivers: supplementary provisions

20. Where a receiver appointed under paragraph 18 takes any action in relation to property which is not liable to recovery under an instrumentality forfeiture order, being action which he would be entitled to take if it were such property, believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property, he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.