Drug Trafficking (Recovery of Proceeds) Act · s 23

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23.
(1) The Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, may by order —
(a) direct in relation to a designated country that, subject to such modifications (which includes additions, alterations and

Drug Trafficking
(Recovery of Proceeds)
34
omissions) as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in such designated country and may result in an external confiscation order being made there;
(b) make —
(i) such provision in connection with the taking of action in a designated country with a view to satisfying a confiscation order;
(ii) such provision as to evidence or proof of any matter for the purpose of this section; and
(iii) such incidental, consequential and transitional provision, as appears to him to be expedient; and
(c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in a designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.
(2) An order under this section may make different provision for different cases or classes of case.
(3) The power to make an order under this section includes power to modify this Act in such a way as to confer power on a person to exercise a discretion.
(4) On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if —
(a) it is satisfied that at the time of registration the order is in force and not subject to appeal;
(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
(c) it is of the opinion that enforcing the order in Brunei
Darussalam would not be contrary to the interests of justice.

Drug Trafficking
(Recovery of Proceeds)
(5) The High Court shall cancel the registration of an external confiscation order if it appears to it that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
(6) In this section —
“appeal” includes —
(a) proceedings by way of discharging or setting aside a judgment; and
(b) an application for a new trial or for a stay of execution;
“designated country” means a country or territory outside Brunei
Darussalam designated by an order made under subsection (1);
“external confiscation order” means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value.
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s 23

(1)

The Minister, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, may by order —

(a)

direct in relation to a designated country that, subject to such modifications (which includes additions, alterations and

Drug Trafficking

(Recovery of Proceeds)

omissions) as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in such designated country and may result in an external confiscation order being made there;

(b)

make —

(i)

such provision in connection with the taking of action in a designated country with a view to satisfying a confiscation order;

(ii)

such provision as to evidence or proof of any matter for the purpose of this section; and

(iii)

such incidental, consequential and transitional provision, as appears to him to be expedient; and

(c)

without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in a designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.

(2)

An order under this section may make different provision for different cases or classes of case.

(3)

The power to make an order under this section includes power to modify this Act in such a way as to confer power on a person to exercise a discretion.

(4)

On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if —

(a)

it is satisfied that at the time of registration the order is in force and not subject to appeal;

(b)

it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and

(c)

it is of the opinion that enforcing the order in Brunei

Darussalam would not be contrary to the interests of justice.

Drug Trafficking

(Recovery of Proceeds)

(5)

The High Court shall cancel the registration of an external confiscation order if it appears to it that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.

(6)

In this section —

“appeal” includes —

(a)

proceedings by way of discharging or setting aside a judgment; and

(b)

an application for a new trial or for a stay of execution;

“designated country” means a country or territory outside Brunei

Darussalam designated by an order made under subsection (1);

“external confiscation order” means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value.

INVESTIGATIONS INTO DRUG TRAFFICKING