73. Payment instead of confiscation order

Where the High Court is satisfied that a confiscation order should be made in respect of the property of a person convicted of a serious offence but the property or any part thereof or interest cannot be made subject to such an order because-

(a}

it cannot, with due diligence be located or identified;

(bj it has been transferred to a third party in circumstances which do not give rise to a reasonable inference that the title or interest was transferred for the purpose of avoiding the confiscation of the property;

(c}

it is located outside Brunei Darussalam;

has been substantiaU¥ diminished in value or rendered worthless;

it cannot be separated from other property with which it has been mingled; or