Section 22
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 22
(1)
A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person's proceeds of criminal conduct, he acquires or uses that property or has possession of it.
(2)
In proceedings against a person for an offence under this section, it is a defence to prove that he acquired or used the property or had possession of it for adequate consideration.
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(3)
For the purpose of subsection (2)-
{a} a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and
{b) a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.
(4)
The provision for any person of services or goods which are of assistance to him in criminal conduct shall not be treated as consideration for the purpose of subsection (2).
(5)
Where a person discloses to the Reporting Authority a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person's proceeds of criminal conduct, or discloses to such Reporting
Authority any matter on which such a suspicion or belief is based -
{a} the disclosure shall not be treated as a breach of any restriction upon the disclosure of information by any written law or otherwise and shall not give rise to any civil or criminal liability; and
{b)
if he does any act in relation to that property in contravention of subsection (1), he does not commit an offence under this section if-
(i)
the disclosure was made before he did that act; or
(ii)
the disclosure was made after he did that act, but it was made on his initiative and as soon as it was reasonable for him to have made it.
(6)
For the purpose of this section, having possession of any property shall be taken to be doing an act in relation to it.
(7)
Where information is d.isclosed to the Reporting Authority under subsection (3) of section 21, the Reporting Authority shall not disclose the information without the consent of the Attorney General who, when considering whether to give his consent, shall take into account
{a} the purpose for which such further disclosure is to be made; and
{b) the interests of third parties, and the Attorney General may impose such conditions on such further disclosure as he may think fit.
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(8)
Subsection (7) does not apply to information received by the Reporting
Authority relating to any matter which it is required to disclose to any person or authority in Brunei Darussalam.
(9)
Subject to subsections (7) and (8), the Reporting Authority may disclose any information received under this section -
(a} in relation to criminal conduct, to any law enforcement agency in
Brunei Darussalam;
(b)
in relation to conduct defi.ned in paragraph 3(l)(aJ of the Schedule, to any law enforcement agency in any other country or territory, in order to-
(i)
report the possible commission of an offence;
(ii)
initiate a criminal investigation regarding the matter disclosed;
(iii)
assist with any investigation or criminal proceedings regarding
·the matter disclosed;
(iv)
generally give effect to the purposes of this Order.
(10)
In proceedings against a person for an offence under this section, it is a defence to prove that -
(a)
he had intended to disclose to the Reporting Authority such a suspicion, belief or matter as is mentioned in subsection (5); but
(b)
there was reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.
(11)
In the case of a person who was in employment at the relevant time, subsections (5) and (8) shall have effect in relation to disclosures and intended disclosures to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures and intended disclosures to the Reporting Authority.
(12)
A person guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding fourteen years, a fi.ne or both.
(13)
No member of the Reporting Authority or other person is guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement or intended enforcement of any provision of this Order or of any other written law relating to criminal conduct or to the proceeds of such conduct.
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(14)
No prosecution shall be instituted for an offence under this' section without the consent of the Attorney General.
Concealing, transferring, etc., proceeds of criminal conduct.