Subsidiary Legislation · As enacted
Drug Trafficking (Recovery of Proceeds) (Enforcement of External Confiscation) Order, 2008
Official textFrom Attorney General's Chambers, unchanged
s 1
This Order may be cited as the Drug Trafficking (Recovery of Proceeds}
(Enforcement of External Confiscation Orders) Order, 2008.
Interpretation.
z. In this Order -
"appropriate authority of a designated country" means -
the authority specified opposite that country in the First Schedule;
or
where no authority is so specified, the authority appearing to the
Court to be the appropriate authority of that country for the purposes of section 23 and of the other provisions of the Act;
"Court" means the High Court or the Intermediate Court;
"court of a designated country" includes a court of any state or territory of a designated country;
"designated country" means a country or territory designated under paragraph 3(1).
Designation of and application of the Act to countries and territories.
s 3( 1)
The countries specified in the First Schedule are hereby designated for t.he purposes of section 23.
In relation to a designated country, the Act shall apoly, subject to Second
Schedule, to external confiscation orders and to proceeding~> which have been, or are to be, instituted in the designated country and which may result in an external confiscation order being made there.
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t 4
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Proof of orders and judgments of courts of designated country.
s 4{1)
For the purposes of section 23 of the Act, and of the provisions of the
Second Schedule, as applied by paragraph 3{2) -
{aj any order or judgment given by a court of a designated country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the Court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person;
a document, duly authenticated, which purports to be a copy of any order made or judgement given by a court of a designated country shall be deemed without further proof to be a true copy.
A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purpose of paragraph (l){a) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of that Court or by or on behalf of the appropriate authority of the designated country.
Evidence in relation to proceedings and orders in designated country.
For the purposes of section 23, and of the provisions of the Second
Schedule, as applied by paragraph 3(2), a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating -
that proceedings have been instituted and have not been concluded, or· that proceedings are to be instituted, in that designated country;
that an external confiscation order is in force and is not subject to appeal;
{cj that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there;
{d) that any person has been notified of any proceedings in accordance with the law of the designated country; or 548
{e} that an order (however described) made by a court of the designated country has the purpose -
of recovering property obtained as a result of or in connection with drug trafficking or the value of property so obtained; or
of depriving a person of a pecuniary advantage so obtained, shall, in any proceedings in the Court be admissible as evidence of the facts so stated.
In any such proceedings, a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence of any fact stated therein.
A document is duly authenticated for the purpose of sub-paragraph (2) if it purports to be certified by any person in his capacity as a judge, magistrate or
· officer of the court of the designated country or by or on behalf of the appropriate authority of the designated country.
Nothing in this paragraph shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this paragraph.
Representation of government of designated country.
s 6
A request for assistance sent to the Attorney General by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Attorney
General to act on its behalf in any proceedings in the Court under section 23 or any provision of the Second Schedule.
Satisfaction of conflscation order in designated country.
Where -
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{a} a confiscation order has been made under section 3;
{b} a request has been sent by the Attorney General to the appropriate authority of a designated country for assistance in enforcing that order; and
{c) in execution of that request, property has been recovered in that country,
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BRUNEI DARUSSALAM GOVERNMENT GAZETTE the amount payable under the confiscation order shall be treated as reduced by the value of the property so recovered.
For the purpose of this section, and without prejudice to the admissibility of any evidence which may be admissible apart from this subsection, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating that the property has been recovered there in execution of a request by the Attorney General, stating the value of the property so recovered and the date on which it was recovered, shall in any proceedings in a Court in Brunei Darussalam, be admissible as evidence of the facts so stated.
Currency conversion.
s 8
Ill Where the value of property recovered as described in paragraph 7( 1) is expressed in a currency other than the currency of Brunei Darussalam created by section 12(1) of the Currency and Monetary Order, 2004 (S 16/04), the extent to which the amount payable under the confiscation order is to be reduced under that subsection shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned.
Where an amount of money payable or remaining to be paid under an external confiscation order registered in the court under section 23 is expressed in a currency other the currency of Brunei Darussalam, for the purpose of any action taken in relation to that order under this Order as applied by paragraph 3(2), the amount shall be converted into Brunei Darussalam currency on the basis of the exchange rate prevailing on the date of the registration of the order.
For the purpose of this section, a written certificate purporting to be signed by any officer of a bank licensed under section 4 of the Banking Order,
2006 (S 45/06) stating the exchange rate prevailing on a specified date shall be admissible as evidence of the facts so stated.