Section 11
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 11
(1)
The Court may make a charging order on realisable property for securing the payment to the Government -
{a} where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; and
(bJ in any other case, of an amount not exceeding the amount payable under the confiscation order.
(2)
For the purposes of this Order, a charging order is an order which imposes on any such realisable property as may be specified in the order a charge for securing the payment of money to the Government.
(3)
A charging 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;
{c) shall provide for notice to be given to persons affected by the order, in such manner as the Court may direct; and
(d)
may be made subject to such conditions as the Court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective.
(4)
Subject to subsection (6}, a charge may be imposed by a charging order only on-
989
{a} any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has directly or indirectly made a gift caught by this Order
(i)
in any asset of a kind mentioned in subsection (5); or
(ii)
under any trust; or
(b)
any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust, and a charge may by virtue of paragraph (a) be imposed by a charging order on the whole beneficial interest under the first-mentioned trust.
(5)
The assets referred to in subsection (4) are-
(a)
land in Brunei Darussalam;
(b)
securities of any of the following kinds-
(i)
any description of security issued by or on behalf of the
Government;
(ii)
stock or shares in any limited company or other body registered under the Companies Act (Chapter 39);
(iii)
stock or shares in any international business company registered under the International Business Companies Order,
2000;
(iv)
interest in any mutual funds;
(v)
funds in court;
(vi)
such other assets as may be prescribed by the Minister by order in the Gazette.
·
(6)
In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in paragraph (b) of subsection (5), the
Court may provide for the charge to extend to any interest or dividend payable in respect of such asset.
(7)
The Court may make an order discharging or varying the charging order and shall make an order discharging the charging order if the proceedings for the offence have been concluded or the amount, payment of which is secured by the charge, has been paid into Court. ·
(8)
An application for the discharge or variation of a charging order may be made by any person affected by it.
(9)
A charge imposed by a charging order made in relation to any interest in land shall be registered as a charge in the Register kept under the Land Code
(Chapter 40) by the officer in charge of the Land Office.
( 10)
Subject to any provision made under section 12 or by Rules of Court, a charge imposed by a charging order shall have the like effect and shall be 990
enforceable in the same courts and in the same manner as an equitable charge created by the person holding the beneficial interest or, as the case may be, the trustees by writing under their hand.
Realisation of property.