Section 21
of Drug Trafficking (Recovery of Proceeds) Act
Section 21
(1)
Subject to subsection (2), no witness in any civil or criminal proceeding shall be obliged —
(a)
to reveal that a disclosure was made under subsection (2) of section 20;
(b)
to reveal the identity of any person as the person making the disclosure;
(c)
to answer any question if the answer would lead, or would tend to lead, to the revealing of any fact or matter referred to in paragraphs (a) or (b).
(2)
Subsection (1) does not apply in proceedings —
(a)
for an offence under section 20 or under this section; or
(b)
where the court is of the opinion that justice cannot fully be done between the parties without revealing the disclosure or the identity of any person as the person making the disclosure.
(3)
Subject to subsections (4) and (5), no person shall publish or broadcast any information so as to reveal or suggest —
(a)
that a disclosure was made under subsection (2) of section 20;
(b)
the identity of any person as the person making the disclosure.
In this subsection, "information" includes a report of any civil or criminal proceeding but does not include information published for statistical purposes by, or under the authority of, the Government.
(4)
Subsection (3) does not apply in proceedings —
Drug Trafficking
(Recovery of Proceeds)
(a)
against the person making the disclosure for an offence under section 20;
(b)
for an offence under this section.
(5)
The Court may, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (3) to such extent as may be specified in the order.
(6)
If information is published or broadcast in contravention of subsection (3), each of the following persons —
(a)
in the case of publication as part of a newspaper or periodical publication, any proprietor, editor, publisher and distributor thereof;
(b)
in the case of a publication otherwise than as part of a newspaper or periodical publication, any person who publishes it and any person who distributes it;
(c)
in the case of a broadcast, any person who broadcasts the information and, if the information is contained in a programme, any person who transmits or provides the programme and any person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, is guilty of an offence and liable on conviction to imprisonment for a term not exceeding one year and a fine not exceeding $25,000.
(7)
In this section —
“broadcast” includes broadcast by radio, film, videotape or television;
“publish” means publish in writing.
Concealing, transferring etc. proceeds of drug trafficking.