Section 10

Without prejudice to the generality of subsection (1), a restraint order may make such provision as the Court thinks fit for the living expenses and legal expenses of the defendant.

A restraint order may apply-

{a)

to all realisable property held by a specified person, whether or not the property is described in the order; and

{b)

to realisable property held by a specified person, being property transferred to him after the making of the order.

This section shall not have effect in relation to any property for the time being subject to a charge under section 11.

A restraint order-

{a)

may be made only on an application by the prosecution;

. {b)

may be made on an ex parte application to a judge in chambers; and 987

{c)

shall provide for notice to be given to persons affected by the order.

A restraint order -

(a} may be discharged or varied in relation to any property; and

{b) shall be discharged when proceedings for the offence have been concluded.

An application for the discharge or variation of a restraint order may be made by any person affected by it.

Where the Court has made a restraint order, it may at any time appoint a receiver-

{a}

to take possession of any realisable property; and

{b) in accordance with the Court's directions, to manage or otherwise deal with any property in respect of which he is appointed, subject to such conditions and exceptions as may be specified by the Court; and may require any person having possession of property in respect of which a receiver has been appointed under this section to give possession of it to the receiver.

For the purpose of this section, dealing with any property held by any person includes (without prejudice to the generality of the expression)

{a} where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and

{b)

removing the property from Brunei Darussalam.

Where the Court has made a restraint order, a police officer may, for the purpose of preventing any realisable property being removed from Brunei

Darussalam, seize the property.

Property seized under subsection (10) shall be dealt with in accordance with the Court's directions.

( 12)

In the case of a restraint order made in respect of land

{a} the restraint order shall inhibit for a specified period of time or until the occurrence of a specified event, or generally until further order, the registration of any dealing with any land, lease or charge;

{b)

a copy of the restraint order under the seal of the Court, with the particulars of the land, lease or charge thereby affected shall be sent 988

to the officer in charge of the Land Office who shall register it in the

Register kept by him under section 7 of the Land Code (Chapter 40)

in respect of that land and no restraint order shall bind or affect the land, lease or charge until it has been registered; and

{c} so long as the restraint order remains registered no instrument which is inconsistent with it shall be registered.

Charging orders.