Application of procedure for enforcing fines
Open ↗17.—(1) Subject to subsection (4), where a court orders the defendant to pay any amount under section 6 or 7, section 319 of the Criminal Procedure Code 2010 has effect as if —(a)
that amount were a fine imposed on the defendant by the court; and
(b)
the term for which the court directs the defendant to be imprisoned in default of payment of any amount under section 6 or 7 is as follows:(i)
if the amount does not exceed $20,000 — imprisonment for a term not exceeding 2 years;
(ii)
if the amount exceeds $20,000 but does not exceed $50,000 — imprisonment for a term not exceeding 5 years;
(iii)
if the amount exceeds $50,000 but does not exceed $100,000 — imprisonment for a term not exceeding 7 years;
(iv)
if the amount exceeds $100,000 — imprisonment for a term not exceeding 10 years.[15/2010]
(2) Where —(a)
a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under section 6 or 7 in respect of an offence or offences; and
(b)
at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences,
the term of imprisonment to be served in default of payment of the amount must not begin to run until after the term mentioned in paragraph (b).
(3) A District Court may, despite any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any amount ordered to be paid under section 6 or 7.
(4) Where a defendant is convicted of a drug dealing offence or a serious offence (as the case may be) and sentenced to death, any amount which the court orders the defendant to pay under section 6 or 7 may, on an application by the Public Prosecutor to the General Division of the High Court, be realised by the General Division of the High Court exercising the powers conferred by section 22(3) to (7).[21/2014; 40/2019]
(5) Where a defendant is convicted of a drug dealing offence or a serious offence (as the case may be), any amount which the court orders the defendant to pay under section 6 or 7 and which, in the case of realisable property comprising wholly or partly cash, may be realised by the General Division of the High Court making an enforcement order for attachment of a debt subject to Rules of Court.[14
[21/2014; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
Cases in which restraint orders and charging orders may be made
Open ↗18.—(1) The powers conferred on the General Division of the High Court by section 19(1) to make a restraint order and by section 20(1) to make a charging order are exercisable where —(a)
proceedings have been instituted against the defendant for a drug dealing offence or a serious offence, as the case may be;
(b)
the proceedings have not been concluded; and
(c)
the General Division of the High Court is satisfied that there is reasonable cause to believe that benefits have been derived by the defendant from drug dealing or from criminal conduct, as the case may be.[21/2014; 40/2019]
(2) Those powers are also exercisable where the General Division of the High Court is satisfied —(a)
that a person has been informed under section 23(1) of the Criminal Procedure Code 2010 that the person may be prosecuted for a drug dealing offence or a serious offence, as the case may be; or
(b)
that investigation for a drug dealing offence or a serious offence (as the case may be) having been commenced against a person, the person dies or cannot be found or is outside the jurisdiction,
and that there is reasonable cause to believe that benefits have been derived by that person from drug dealing or from criminal conduct, as the case may be.
[15/2010; 21/2014; 40/2019]
(3) The General Division of the High Court may exercise the powers conferred by section 19(1) despite any other written law prohibiting any dealing with any realisable property.[2/2012; 40/2019]
(4) For the purposes of sections 19 and 20, at any time when those powers are exercisable before proceedings have been instituted —(a)
references in this Act to the defendant are to be construed as references to the person mentioned in subsection (2); and
(b)
references in this Act to realisable property are to be construed as if, immediately before that time, proceedings had been instituted against the person mentioned in subsection (2) for a drug dealing offence or a serious offence, as the case may be.[21/2014]
(5) Where the General Division of the High Court has made an order under section 19(1) or 20(1) by virtue of subsection (2), the General Division of the High Court is to discharge the order if the proposed proceedings are not instituted within such time as the General Division of the High Court considers reasonable and which must not in any event exceed a period of 3 months.[15
[40/2019]
[S 784/2023]
Restraint orders
Open ↗19.—(1) The General Division of the High Court may make a restraint order to prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.[40/2019]
(2) A restraint order may apply —(a)
to all realisable property held by a specified person, whether the property is described in the order or not; and
(b)
to all realisable property held by a specified person, being property transferred to the specified person after the making of the order.
(3) This section does not have effect in relation to any property for the time being subject to a charge under section 20.
(4) A restraint order —(a)
may be made only on an application by the Public Prosecutor;
(b)
may be made on an application without notice to a Judge in chambers; and[Act 25 of 2021 wef 01/04/2022]
(c)
must 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)
is discharged when proceedings for the drug dealing offence or serious offence (as the case may be) are concluded.[21/2014]
(6) Where the General Division of the High Court has made a restraint order, the General Division of the High Court may at any time appoint the Public Trustee or any person as receiver —(a)
to take possession of any realisable property; and
(b)
in accordance with the directions of the General Division of the High Court, to manage or otherwise deal with any property in respect of which the Public Trustee or that person is appointed,
subject to such conditions and exceptions as may be specified by the General Division of the High Court; and may require any person having possession of property in respect of which the receiver is appointed under this section to give possession of it to the Public Trustee or such receiver.
[40/2019]
(7) For the purposes of this section, dealing with property held by any person includes (without limiting 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 Singapore.
(8) Where the General Division of the High Court has made a restraint order, an authorised officer may, for the purpose of preventing any realisable property being removed from Singapore, seize the property.[40/2019]
(9) Property seized under subsection (8) must be dealt with in accordance with the directions of the General Division of the High Court.[16
[40/2019]
Charging orders in respect of land, capital markets products, etc.
Open ↗20.—(1) The General Division of the High Court may make a charging order on realisable property for securing the payment 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.[51/2018; 40/2019]
(2) For the purposes of this Act, a charging order is an order made under this section imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Government.
(3) A charging order may be made —(a)
only on an application by the Public Prosecutor; and
(b)
on an application without notice to a Judge in chambers.[Act 25 of 2021 wef 01/04/2022]
(4) Subject to subsection (6), a charge may be imposed by a charging order only on —(a)
any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act —(i)
in any asset of a kind mentioned in subsection (5); or
(ii)
under any trust; or
(b)
any 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 firstmentioned trust.
(5) The assets mentioned in subsection (4) are —(a)
immovable property in Singapore; or
(b)
any capital markets products.[51/2018]
(6) In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in subsection (5)(b), the General Division of the High Court may provide for the charge to extend to any interest or dividend payable in respect of the asset.[40/2019]
(7) Where the General Division of the High Court has made a charging order, the General Division of the High Court may give such directions to the Public Trustee or any person as the General Division of the High Court thinks fit to safeguard the assets under the charging order.[40/2019]
(8) The General Division of the High Court may make an order discharging or varying the charging order and must make an order discharging the charging order if the proceedings for the drug dealing offence or serious offence (as the case may be) are concluded or the amount, payment of which is secured by the charge, is paid into court.[21/2014; 40/2019]
(9) In this section, “capital markets products” has the meaning given by section 2(1) of the Securities and Futures Act 2001.[17
[51/2018]
Charging orders: supplementary provisions
Open ↗21.—(1) A charging order may be made either absolutely or subject to conditions as to notifying any person holding any interest in the property to which the order relates or as to the time when the charge is to become enforceable, or as to other matters.
(2) A caveat may be lodged under the Land Titles Act 1993 or an entry may be made under the Registration of Deeds Act 1988 (as the case may be) in respect of a charging order made under section 20.
(3) Subject to any provision made under section 22 or by Rules of Court, a charge imposed by a charging order has the like effect and is enforceable in the same manner as an equitable charge created by the person holding the beneficial interest or the trustees by writing under their hand, as the case may be.
(4) Where a charging order has been protected by a caveat lodged under the Land Titles Act 1993 or by an entry registered under the Registration of Deeds Act 1988, an order under section 20(8) discharging the charging order may direct that the caveat be removed or the entry be cancelled.[18
Realisation of property
Open ↗22.—(1) Where —(a)
a confiscation order is made in proceedings instituted for a drug dealing offence or a serious offence, as the case may be;
(b)
the order is not subject to appeal; and
(c)
the proceedings have not been concluded,
the General Division of the High Court may, on an application of the Public Prosecutor, exercise the powers conferred by subsections (3) to (7).
[21/2014; 40/2019]
(2) The General Division of the High Court may, on the application of the Public Prosecutor, also exercise the powers conferred by subsections (3) to (7) where —(a)
a confiscation order is made against a person who is, by reason of section 29, taken to be convicted of a drug dealing offence or a serious offence, as the case may be;
(b)
the order is not subject to appeal; and
(c)
the order has not been satisfied, whether by payment of the amount due under the order or by the defendant serving imprisonment by default.[21/2014; 40/2019]
(3) The General Division of the High Court may appoint the Public Trustee or any person as receiver in respect of realisable property.[40/2019]
(4) The General Division of the High Court may empower the Public Trustee or any receiver appointed under subsection (3) or section 19 or pursuant to a charging order —(a)
to enforce any charge imposed under section 20 on realisable property or on interest or dividends payable in respect of such property; and
(b)
in relation to any realisable property other than property for the time being subject to a charge under section 20, to take possession of the property subject to such conditions or exceptions as may be specified by the General Division of the High Court.[40/2019]
(5) The General Division of the High Court may order any person having possession of realisable property to give possession of it to the Public Trustee or any receiver.[40/2019]
(6) The General Division of the High Court may empower the Public Trustee or any receiver to realise any realisable property in such manner as the General Division of the High Court may direct.[40/2019]
(7) The General Division of the High Court may order any person holding an interest in realisable property to make such payment to the Public Trustee or any receiver in respect of any beneficial interest held by the defendant or (as the case may be) the recipient of a gift caught by this Act as the General Division of the High Court may direct and the General Division of the High Court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.[40/2019]
(8) Subsections (5) to (7) do not apply to property for the time being subject to a charge under section 20.
(9) The General Division of the High Court is not to, in respect of any property, exercise the powers conferred by subsection (4)(a), (6) or (7) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the General Division of the High Court.[19
[40/2019]
Application of proceeds of realisation and other sums
Open ↗23.—(1) Subject to subsection (2), the following sums in the hands of the Public Trustee or any receiver under section 19 or 22 or pursuant to a charging order, that is —(a)
the proceeds of the enforcement of any charge imposed under section 20;
(b)
the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 19 or 22; and
(c)
any other sums, being property held by the defendant,
must, after such payments (if any) as the General Division of the High Court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order.
[40/2019]
(2) If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of the Public Trustee or receiver, the Public Trustee or receiver must distribute those sums —(a)
among such of those who held property which has been realised under this Act; and
(b)
in such proportions,
as the General Division of the High Court may direct after giving a reasonable opportunity for such persons to make representations to the General Division of the High Court.
[20
[40/2019]
Exercise of powers by General Division of High Court or receiver
Open ↗24.—(1) This section applies to the powers conferred on the General Division of the High Court by sections 19 to 23 or on the Public Trustee or any receiver under section 19 or 22 or pursuant to a charging order.[40/2019]
(2) Subject to subsections (3) to (6), the powers must be exercised with a view to making available for satisfying the confiscation order or (as the case may be) any confiscation order that may be made in the defendant’s case the value for the time being of realisable property held by any person by the realisation of such property.
(3) In the case of realisable property held by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act, the powers must be exercised with a view to realising no more than the value for the time being of the gift.
(4) The powers must be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by that person.
(5) An order may be made or other action taken in respect of a debt owed by the Government.
(6) In exercising those powers, no account is to be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the confiscation order.[21
Variation of confiscation orders
Open ↗25.—(1) If, on an application by the defendant in respect of a confiscation order, the court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order, the court is to issue a certificate to that effect, giving its reasons.[44/2007]
(2) For the purposes of subsection (1) —(a)
in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated, the court must take into account the extent to which any property held by the person may be distributed among creditors; and
(b)
the court may disregard any inadequacy in the realisable property which appears to the court to be attributable, wholly or partly, to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had, directly or indirectly, made a gift caught by this Act from any risk of realisation under this Act.[44/2007]
(3) Where a certificate has been issued under subsection (1), the defendant may apply to the court which made the confiscation order for the amount to be recovered under the order to be reduced.[44/2007]
(4) The court which made the confiscation order is to, on an application under subsection (3) —(a)
substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case; and
(b)
substitute for the term of imprisonment fixed under section 319 of the Criminal Procedure Code 2010 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section (as it has effect by virtue of section 17) in respect of the lesser amount.[22
[44/2007; 15/2010]
Bankruptcy of defendant, etc.
Open ↗26.—(1) Where a person who holds realisable property is adjudged bankrupt —(a)
property for the time being subject to a restraint order made before the order adjudging the person bankrupt; and
(b)
any proceeds of property realised by virtue of section 19(6) or 22(6) or (7) for the time being in the hands of the Public Trustee or a receiver under section 19 or 22,
are excluded from the bankrupt’s estate for the purposes of the Insolvency, Restructuring and Dissolution Act 2018.
[40/2018]
(2) Where a person has been adjudged bankrupt, the powers conferred on the General Division of the High Court by sections 19 to 23 or on the Public Trustee or a receiver are not to be exercised in relation to —(a)
property for the time being comprised in the bankrupt’s estate for the purposes of the Insolvency, Restructuring and Dissolution Act 2018;
(b)
property which is not comprised in the bankrupt’s estate by virtue of section 329(2) of that Act; and
(c)
property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 394(3)(c) of that Act.[40/2018; 40/2019]
(3) Nothing in the Insolvency, Restructuring and Dissolution Act 2018 is to be taken as restricting, or enabling the restriction of, the exercise of those powers mentioned in subsection (2).[40/2018]
(4) Subsection (2) does not affect the enforcement of a charging order —(a)
made before the order adjudging the person bankrupt; or
(b)
on property which was subject to a restraint order when the order adjudging the person bankrupt was made.
(5) Where, in the case of a debtor, an interim receiver stands appointed under section 324 of the Insolvency, Restructuring and Dissolution Act 2018 and any property of the debtor is subject to a restraint order —(a)
the powers conferred on the receiver by virtue of the Insolvency, Restructuring and Dissolution Act 2018 do not apply to property for the time being subject to the restraint order; and
(b)
any such property in the hands of the receiver must, subject to a lien for any expenses (including the receiver’s remuneration) properly incurred in respect of the property, be dealt with in such manner as the General Division of the High Court may direct.[40/2018; 40/2019]
(6) For the purposes of section 397(2) of the Insolvency, Restructuring and Dissolution Act 2018, amounts payable under confiscation orders constitute debts due to the Government.[23
[40/2018]
Winding up of company holding realisable property
Open ↗27.—(1) Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to —(a)
property for the time being subject to a restraint order made before the relevant time; and
(b)
any proceeds of property realised by virtue of section 19(6) or 22(6) or (7) for the time being in the hands of the Public Trustee or a receiver under section 19 or 22,
but there is payable out of such property any expenses (including the remuneration of the liquidator or provisional liquidator) properly incurred in the winding up in respect of the property.
(2) Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the General Division of the High Court by sections 19 to 23 or on a receiver so appointed are not to be exercised in relation to any realisable property held by the company in relation to which the functions of the liquidator are exercisable —(a)
so as to inhibit the liquidator from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or
(b)
so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.[40/2019]
(3) Nothing in the Insolvency, Restructuring and Dissolution Act 2018 is to be taken as restricting, or enabling the restriction of, the exercise of those powers mentioned in subsection (2).[40/2018]
(4) Subsection (2) does not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time.
(5) In this section —“company” means any company which may be wound up under the Insolvency, Restructuring and Dissolution Act 2018;
“the relevant time” means —(a)
where no order for the winding up of the company has been made — the time of the passing of the resolution for voluntary winding up;
(b)
where such an order has been made and, before the making of the application for the winding up of the company by the General Division of the High Court, such a resolution had been passed by the company —the time of the passing of the resolution; and
(c)
in any other case where such an order has been made — the time of the making of the order.[24
[42/2005; 40/2018; 40/2019]
Receivers: supplementary provisions
Open ↗28. Where the Public Trustee or a receiver appointed under section 19 or 22 or pursuant to a charging order takes any action in relation to property which is not realisable property, being action which the Public Trustee or the receiver would be entitled to take if it were such property, believing, and having reasonable grounds for believing, that the Public Trustee or the receiver is entitled to take that action in relation to that property, the Public Trustee or the receiver shall not be liable to any person in respect of any loss or damage resulting from the Public Trustee’s or the receiver’s action except insofar as the loss or damage is caused by the Public Trustee’s or the receiver’s negligence.[25
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
