Section 115
of Criminal Asset Recovery Order, 2012
Section 115
(1)
The Public Prosecutor may, by written notice to a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under this Order or money laundering offence or any serious offence or against whom a prosecution for such offence has been instituted, direct that such person shall not dispose of or otherwise
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
112
BLUV as at 11th March 2017
deal with any movable or immovable property specified in such notice without the consent of the Public Prosecutor.
(2)
Where any property specified in a notice under subsection (1) includes any debt or obligation due by a bank, deposit-taking company or financial institution to the person to whom the notice is given or any debt due to a bank, deposit-taking company or financial institution or any money deposited by that person to any bank, deposit-taking company or any financial institution the Public Prosecutor may serve on such bank, deposit-taking company or financial institution a copy of that notice, which copy notice shall have the effect of directing the bank, deposit-taking company or financial institution not to pay any money to the person or to use or take any money from that person’s account to pay or override or set-off any debts of that person specified in the copy notice without the consent of the Public Prosecutor.
(3)
A notice under subsection (1) –
(a)
may be served by delivering it personally to the person to whom it is addressed or may, where the Court of a Magistrate is satisfied that such person cannot be found or is not in Brunei Darussalam, be served in such other manner as the court may direct on application ex parte by or on behalf of the Public Prosecutor;
(b)
shall have effect from the time of service and shall continue in force for a period of 12 months or until cancelled by the Public Prosecutor, whichever is the earlier.
(4)
Nothing in subsection (3) shall prevent the Public Prosecutor from making a further order in respect of the same property.
(5)
The Public Prosecutor may impose such terms and conditions as he thinks fit to a consent to the disposal of or other dealing with any property specified in a notice under subsection (1).
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
113
BLUV as at 11th March 2017
(6)
A person who disposes of or otherwise deals with any property specified in a notice under subsection (1) or a bank, deposit-taking company or financial institution which pays any money to a person or used or takes any money or fund for any purpose whatsoever specified in a copy of notice served on it under subsection (2) other than in accordance with the consent of the Public Prosecutor is guilty of an offence and liable on conviction to a fine of
$50,000, imprisonment for a term not exceeding 5 years and payment of the value of the property disposed or otherwise dealt with.
Surrender of travel documents.