Section 35
Section 35
(1)
Any person who has an interest in the property that was seized under a warrant issued under section 27(1)(aj or in respect of which a restraint order was issued under section 27(1)(b) may, at any time, apply to a Judge -
(a)
for an order under subsection (4); or
(b)
for permission to examine the property.
(2)
Where an application is made under subsection (l)(a) -
fa/ the application shall not, without the consent of the Attorney
General, be heard by a Judge unless the applicant has given to the Attorney
General at least 2 clear days notice in writing of the application; and
{b) the Judge may require notice of the application to be given to and may hear any person who, in the opinion of the Judge, appears to have a valid interest in the property.
(3)
The Judge may, on an application made to him under subsection (1)(b), order that the applicant be permitted to examine the property subject to such conditions as appear to the Judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which i t may subsequently be required.
(4)
On an application made under subsection (l)(a) in respect of any property and after hearing the applicant and the Attorney General and any other 633
BRUNEI DARUSSALAM GOVERNMENT GAZETTE person to whom notice was given under subsection (2J(b), the Judge may order that the property or part thereof be returned to the applicant or, in the case of a restraint order issued under section 27p )(b), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the Judge thinks fit -
(a)
if the applicant enters into a recognisance before the Judge, with or without sureties, in such amount and with such conditions, if any, as the
Judge directs and where the Judge considers it appropriate, deposits with the
Judge such sum of money or other valuable security as he directs;
(bj if the condition referred to in subsection (6) is satisfied; or
(cj for the purpose of -
(i)
meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the Judge, has a valid interest in the property and of the dependants of that person; or
(iiJ meeting the reasonable business and legal expenses of a person referred to in sub-paragraph (i), if the Judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.
(5}
For the purpose of determining the reasonableness of expenses referred to in subsection (4)(cj, the Attorney General may, at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses.