Section 23B
Restriction on disposal of property etc.
of Prevention of Corruption Act
(1)
The Public Prosecutor may, by written notice to a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under this Act or against whom a prosecution for such offence has been instituted, direct that such person shall not dispose of or otherwise deal with any property specified in such notice without the consent of the Public Prosecutor.
(2)
Where any property specified in a notice under subsection (1)
includes any debt or obligation due by a bank or deposit-taking company to the person to whom the notice is given the Public Prosecutor may serve on such bank or deposit-taking company a copy of that notice, which shall have the effect of directing the bank or deposit-taking company not to pay any
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B.L.R.O. 1/2019 25
money to the person specified in the copy of that notice without the consent of the Public Prosecutor.
(3)
A notice under subsection (1) —
(a)
may be served by delivering it personally to the person to whom it is addressed or may, where the Court of a Magistrate is satisfied that such person cannot be found or is not in Brunei
Darussalam, be served in such other manner as the court may direct on application ex parte by or on behalf of the Public Prosecutor;
(b)
shall have effect from the time of service and shall continue in force for a period of 12 months or until cancelled by the Director whichever is the earlier.
(4)
Nothing in subsection (3) shall prevent the Public Prosecutor from making a further order in respect of the same property.
(5)
The Public Prosecutor may impose such terms and conditions as he thinks fit to a consent to the disposal of or other dealing with any property specified in a notice under subsection (1).
(6)
A person who disposes of or otherwise deals with any property specified in a notice under subsection (1) or a bank or deposit-taking company which pays any money to a person specified in a copy of that notice served on it under subsection (2) other than in accordance with the consent of the Public Prosecutor, is guilty of an offence and liable on conviction to a fine of $50,000 or the value of the property disposed or otherwise dealt with, whichever is greater, and imprisonment for 3 years.