Criminal Asset Recovery Order, 2012 · s 95

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95.
Registered foreign restraining orders High Court may direct authorised officer or person appointed by High Court to take custody and control of property
( 1)
Where a foreign restraining order against property registered in court under section 94, the High Court, may upon application by the Public Prosecutor order an authorised officer or any person appointed by the Court to take custody 615

BRUNEI DARUSSALAM GOVERNMENT GAZETTE and control of the property or part thereof as is specified in the order and to manage or deal with all or any part of the property in accordance with the directions of the Court.
(2)
Before making an order under subsection (1), the Court shall require notice to be given to, and may hear, any person who, in the opinion of the Court has an interest in the property.
!3)
Where an authorised officer or any person appointed by the Court is given an order under subsection (1) in relation to property, an authorised officer or any person appointed by the Court may do anything that is reasonably necessary for preserving the property and for this purpose may exercise any power that the owner of the property could exercise and do so to the exclusion of the owner.
(4)
Where an order is made under subsection (1) in respect of property of a person (in this subsection called the "respondent"), the Court may, at the time when it makes the order or any later time, order
{a) the respondent to give the authorised officer or any person appointed by the Court a statement on oath setting out such particulars of the property, or dealings with the property, as it thinks proper;
(b)
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 High Court;
{c)
the determination of any question relating to the property;
{d) where the registered foreign restraining order provides that a person's reasonable expenses in defending a criminal charge be met out of the property, that expenses be taxed as provided in the order before being met; or
{e}
the payment to the authorised officer or any person appointed by the High Court out of the property of the costs, charges and expenses incurred in connection with the performance or exercise by the authorised officer or any person appointed by the High Court of functions, duties or powers under the restraining order.

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s 95Registered foreign restraining orders High Court may direct authorised officer or person appointed by High Court to take custody and control of property

( 1)

Where a foreign restraining order against property registered in court under section 94, the High Court, may upon application by the Public Prosecutor order an authorised officer or any person appointed by the Court to take custody 615

(2)

Before making an order under subsection (1), the Court shall require notice to be given to, and may hear, any person who, in the opinion of the Court has an interest in the property.

!3)

Where an authorised officer or any person appointed by the Court is given an order under subsection (1) in relation to property, an authorised officer or any person appointed by the Court may do anything that is reasonably necessary for preserving the property and for this purpose may exercise any power that the owner of the property could exercise and do so to the exclusion of the owner.

(4)

Where an order is made under subsection (1) in respect of property of a person (in this subsection called the "respondent"), the Court may, at the time when it makes the order or any later time, order

{a) the respondent to give the authorised officer or any person appointed by the Court a statement on oath setting out such particulars of the property, or dealings with the property, as it thinks proper;

(b)

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 High Court;

{c)

the determination of any question relating to the property;

{d) where the registered foreign restraining order provides that a person's reasonable expenses in defending a criminal charge be met out of the property, that expenses be taxed as provided in the order before being met; or

{e}

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