Criminal Asset Recovery Order, 2012 · s 53

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53.
Ancillary orders with regard to restraining orders
(1)
Where the High Court makes, or has made, a restraining order, the
Court may, on application by the Public Prosecutor, a person whose property is subject of the restraining order (in this section called "the owner"), an authorised officer or any other person appointed by the Court (if the restraining order directs an authorised officer or any other person appointed by the Court, to take custody and control of the property), or 'with the leave of the Court, any other person, make any ancillary orders it considers appropriate.
(2)
Notwithstanding subsection (1), an ancillary order may-
(a}
vary the property to which a restraining order relates;
{b}
vary any condition to which a restraining order is subject to;
584

(c}
order the examination on oath before the Court of any person about the affairs of the owner or the defendant;
(d} direct the owner or the defendant to give a specified person a statement on oath setting out a particulars of the property, or dealings with the property, as the Court thinks fit; or
(e}
where the restraining order directs the authorised officer or any other person appointed by the Court to take custody and control of property-
(i)
regulate the performance or exercise of functions, duties or powers under the restraining order by the authorised officer or any other person appointed by the Court;
(ii)
determine any question relating to the property;
(iii) direct a person to do any act or thing to enable an authorised officer or any other person appointed by the Court to take custody and control of the property;
(iv) make provision for the payment to an authorised officer or any other person appointed by the Court out of the property of the costs, charges and expenses incurred in connection with the performance or exercise by an authorised officer or any other person appointed by the Court of functions, duties or powers under the restraining order.
(3)
Where a person who has an interest in property in respect of which a restraining order was made applies to the Court for a variation of the order to exclude the person's interest from the order, the Court may grant the application if the Court is satisfied -
585
(a}
that the interest is not tainted property and that it cannot be required to satisfy a benefit recovery order; or
(b}
that the applicant was not in any way involved in the commission of the offence in respect of which the restraining order was made and, where the applicant acquired the interest at the time of or after the commission (or alleged commission) of the offence, that the applicant acquired the interest
(i)
for sufficient consideration; and
(ii) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property

BRUNEI DARUSSALAM GOVERNMENT GAZETTE or that the property was a benefit obtained from or m connection with the commission of a serious offence; or
(c)
in any case it is fit to do so having regard to all the circumstances, including any financial hardship or other consequence of the interest remaining subject to the order.
(4)
An application under subsection (1) shall not be heard by the High
Court unless the applicant has given to each other person who is entitled to make an application under subsection ( 1) in relation to the restraining order notice in writing of the application.
(5)
The High Court may, require notice of the application to be given to, and hear, any person who, in the opinion of the Court, appears to have an interest in the property.
(6)
Where a person is required, in accordance with an order under subsection (2)(c} or (d), to make or give a statement on oath, the person is not excused from making or giving the statement on the ground that the statement, or part of the statement might tend to incriminate the person or make the person liable to confiscation or a penalty but the statement, and any information, document or thing obtained as a direct or indirect consequence of the statement, is not admissible against the person in any criminal proceedings except a proceeding in respect of the false statement.
Authorised officer or any other person appointed by High Court to satisfy benefit recovery order.

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s 53Ancillary orders with regard to restraining orders

(1)

Where the High Court makes, or has made, a restraining order, the

Court may, on application by the Public Prosecutor, a person whose property is subject of the restraining order (in this section called "the owner"), an authorised officer or any other person appointed by the Court (if the restraining order directs an authorised officer or any other person appointed by the Court, to take custody and control of the property), or 'with the leave of the Court, any other person, make any ancillary orders it considers appropriate.

(2)

Notwithstanding subsection (1), an ancillary order may-

(a}

vary the property to which a restraining order relates;

{b}

vary any condition to which a restraining order is subject to;

584

(c}

order the examination on oath before the Court of any person about the affairs of the owner or the defendant;

(d} direct the owner or the defendant to give a specified person a statement on oath setting out a particulars of the property, or dealings with the property, as the Court thinks fit; or

(e}

where the restraining order directs the authorised officer or any other person appointed by the Court to take custody and control of property-

(i)

regulate the performance or exercise of functions, duties or powers under the restraining order by the authorised officer or any other person appointed by the Court;

(ii)

determine any question relating to the property;

(iii)

direct a person to do any act or thing to enable an authorised officer or any other person appointed by the Court to take custody and control of the property;

(iv)

make provision for the payment to an authorised officer or any other person appointed by the Court out of the property of the costs, charges and expenses incurred in connection with the performance or exercise by an authorised officer or any other person appointed by the Court of functions, duties or powers under the restraining order.

(3)

Where a person who has an interest in property in respect of which a restraining order was made applies to the Court for a variation of the order to exclude the person's interest from the order, the Court may grant the application if the Court is satisfied -

585

(a}

that the interest is not tainted property and that it cannot be required to satisfy a benefit recovery order; or

(b}

that the applicant was not in any way involved in the commission of the offence in respect of which the restraining order was made and, where the applicant acquired the interest at the time of or after the commission (or alleged commission) of the offence, that the applicant acquired the interest

(i)

for sufficient consideration; and

(ii)

without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property

BRUNEI DARUSSALAM GOVERNMENT GAZETTE or that the property was a benefit obtained from or m connection with the commission of a serious offence; or

(c)

in any case it is fit to do so having regard to all the circumstances, including any financial hardship or other consequence of the interest remaining subject to the order.

(4)

An application under subsection (1) shall not be heard by the High

Court unless the applicant has given to each other person who is entitled to make an application under subsection ( 1) in relation to the restraining order notice in writing of the application.

(5)

The High Court may, require notice of the application to be given to, and hear, any person who, in the opinion of the Court, appears to have an interest in the property.

(6)

Where a person is required, in accordance with an order under subsection (2)(c} or (d), to make or give a statement on oath, the person is not excused from making or giving the statement on the ground that the statement, or part of the statement might tend to incriminate the person or make the person liable to confiscation or a penalty but the statement, and any information, document or thing obtained as a direct or indirect consequence of the statement, is not admissible against the person in any criminal proceedings except a proceeding in respect of the false statement.

Authorised officer or any other person appointed by High Court to satisfy benefit recovery order.