Section 10
of Drug Trafficking (Recovery of Proceeds) Act
Section 10
(1)
The powers conferred on the High Court by subsection (1) of section 11 to make a restraint order and by subsection (1) of section 12 to make a charging order are exercisable where —
(a)
proceedings have been instituted, whether in Brunei
Darussalam or elsewhere, against the defendant for a drug trafficking offence;
(b)
the proceedings have not been concluded; and
(c)
the court is satisfied that there is reasonable cause to believe that the defendant has benefited from drug trafficking.
(2)
Those powers are also exercisable where the High Court is satisfied that —
(a)
investigation for a drug trafficking offence has been commenced against any person who is within the jurisdiction; or
(b)
investigation for a drug trafficking offence having been commenced against a person, he has died, cannot be found or is outside the jurisdiction, and that there is reasonable cause to believe that he has benefited from drug trafficking.
(3)
For the purposes of sections 11 and 12, at any time when those powers are exercisable before proceedings have been instituted —
(a)
a reference in this Act to the defendant shall be construed as a reference to the person referred to in subsection (2);
(b)
a reference in this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to subsection (2) for a drug trafficking offence.
(4)
Where the court has made an order under subsection (1) of section 11 or under subsection (1) of section 12 by virtue of subsection (2) of this section, the court shall discharge the order if proceedings in respect of the offence are not instituted within such time as it considers reasonable.
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 19
Restraint orders.