Section 2
( 1)
of Criminal Conduct (Recovery of Proceeds) Order, 2000
In this Order, but subject to the provisions of the Schedule -
"appropriate authority of a designated country" means an authority specified as such in an order made under section 31;
"benefiting from an offence" means or falls to be construed in accordance with subsection (3) of section 5;
"charging ordern falls to be construed in accordance with section 11;
"Code of Practice" means the code of practice issued by the Minister under subsection { 1) of section 20 following consultation with such bodies as appear to him to be representative of the relevant professions;
"confiscation order" means an order made by the Court under section 5;
"Court" means the High Court or an Intermediate Court;
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"court of a designated country" includes a court of any state or territory of a designated country;
"criminal conduct" falls to be construed in accordance with subsection
(10)
of section 21;
"dealing with property" falls to be construed in accordance with subsection (9) of section 10;
"defendant" falls to be construed in accordance with paragraph {b)
of subsection (9) of section 5;
"designated country" means a country or territory outside Brunei
Darussalam designated as such by an order made by the Minister under section 31;
"drug trafficking offence" has the same meaning as in subsection (1) of section 2 of the Emergency (Drug Trafficking) (Recovery of Proceeds)
Order, 1996 (S 12/96);
"external confiscation order" means an order made by a court in a designated country for the purpose -
{a}
of recovering-
(i)
property obtained as a result of or in connection with conduct corresponding to an offence to which this Order applies; or
(ii)
the value of property so obtained; or
{b)
of depriving a person of a pecuniary advantage so obtained, and the reference in this definition to an order includes any order, decree, direction or judgment or any part thereof, however described;
"gift caught by this Order" falls to be construed in accordance with subsection (10) of section 3;
"interest", in relation to property, includes right;
"making a gift" falls to be construed in accordance with subsection ( 12)
of section 3;
"Minister" means the Minister of Finance;
"offence to which this Order applies" means or !as the case may be) falls to be construed in accordance with paragraph (a} of subsection (9) of section 5;
"premises" includes-
(a} a vehicle, vessel, aircraft or hovercraft;
(b)
an installation which is maintained, or is intended to be established, for underwater exploitation or exploration;
(c)
a tent or other movable structure;
"realisable property" means or (as the case may be) falls to be construed in accordance with subsection (1) of section 3;
"restraint order" means an order made under subsection (1) of section 10;
"value of property" means or (as the case may be) falls to be construed in accordance with subsections (4) to !6) of section 3;
"value of the gift" means or (as the case may be) falls to be construed in accordance with subsections (7) and 18) of section 3.
(2)
This Order applies to property whether it is situated in Brunei
Darussalam or elsewhere.
(3)
Nothing in this Order confers any power on anr court in connection with offences committed before the commencement of this Order or proceedings against a person for an offence instituted before the commencement of this Order.
(4)
A reference in this Order to property obtained, or to a pecuniary advantage derived, in connection with the commission of an offence includes a reference to property obtained or to a pecuniary advantage derived both in that connection and in some other connection.
(5)
Property is held by any person if he holds any interest in it.
(6)
A reference to property held by a person includes a reference to property vested in his trustee in bankruptcy or liquidator.
(7)
A reference to an interest held by a person beneficially in property includes a reference to an interest which would be held by him beneficially if the property were not so vested.
(8)
Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
(9)
Proceedings for an offence are instituted -
fa) where a complaint is made in respect of that offence; or, if earlier,
(b)
when a person is charged with the offence after being taken into custody without a warrant.
(10)
Proceedings are concluded-
(a} when \disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings; or
(b)
on the satisfaction of a confiscation order made in the proceedings
(whether by payment of the amount due under the order or by the defendant serving imprisonment in default).
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