Section 12
of Drug Trafficking (Recovery of Proceeds) Act
Section 12
(1)
The High Court may make a charging order imposing on such realisable property as may be specified therein a charge for securing the payment of money 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
(b)
in any other case, of an amount not exceeding the amount payable under the confiscation order.
(2)
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; and
(d)
may be made subject to such conditions as the court thinks fit and, without prejudice to the generality of this paragraph, to such
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conditions as it thinks fit as to the time when the charge is to become effective.
(3)
Subject to subsection (5), a charge may be imposed by a charging order only on —
(a)
an interest in realisable property, being an interest held beneficially by the defendant or by a person to whom he has directly or indirectly made a gift caught by this Act —
(i)
in an asset of a kind mentioned in subsection (4); or
(ii)
under any trust; or
(b)
an 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.
(4)
The assets referred to in subsection (3) are —
(a)
land in Brunei Darussalam; or
(b)
stock or shares in any limited company or other body registered under the Companies Act (Chapter 39).
(5)
In any case where a charge is imposed by a charging order on an interest in an asset of a kind mentioned in paragraph (b) of subsection (4), the court may provide for the charge to extend to any interest or dividend payable in respect of that asset.
(6)
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 are concluded or the amount payment of which is secured by the charge is paid into court.
(7)
An application for the discharge or variation of a charging order may be made by any person affected by it.
(8)
Subject to any provision made under section 13 or by any rules of court, a charge imposed by a charging order shall have the like effect and shall be 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.
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Realisation of property.