Section 11
of Drug Trafficking (Recovery of Proceeds) Act
Section 11
(1)
The High Court may by a restraint order prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
(2)
A restraint order may apply —
(a)
to all realisable property held by specified person, whether the property is described in the order or not; and
(b)
to realisable property held by a specified person, being property transferred to him after the making of the order.
(3)
This section shall not have effect in relation to any property for the time being subject to a charge under section 12.
(4)
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
(c)
shall provide for notice to be given to persons affected by the order.
(5)
A restraint order —
(a)
may be discharged or varied in relation to any property; and
(b)
shall be discharged when proceedings for the offences are concluded.
(6)
An application for the discharge or variation of a restraint order may be made by any person affected by it.
(7)
Where the High Court has made a restraint order, the court 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,
Drug Trafficking
(Recovery of Proceeds)
20
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 is appointed under this section to give possession of it to the receiver.
(8)
For the purpose of this section, dealing with 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.
(9)
Where a restraint order has been made a police officer or an officer of the Bureau may, for the purpose of preventing any realisable property being removed from Brunei Darussalam, seize the property.
(10)
Property seized under subsection (9) shall be dealt with in accordance with the directions of the High Court.
Charging orders in respect of land and securities.