§ 61 — Forfeiture of prohibited political donations, etc.

61.—(1) Where —(a)

any donation is made to a politically significant person;

(b)

the donation is one which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58; and

(c)

the politically significant person has accepted the donation,

the Public Prosecutor may apply to a District Court for an order of forfeiture by the politically significant person of an amount equal to the value of the donation.

(2) Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the politically significant person concerned or the Public Prosecutor (as the case may be) may, before the end of the period of 30 days starting the date of the order or refusal to order, appeal to the Appellate Division of the High Court.

(3) An appeal under subsection (2) must be by way of a rehearing; and the Appellate Division of the High Court hearing the appeal may make such order as it considers appropriate.

(4) The standard of proof in proceedings under this section is that applicable to civil proceedings.

(5) An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

(6) Any amount forfeited by an order under this section must be paid into the Consolidated Fund.

(7) Where an appeal is made under subsection (2), subsection (6) does not apply before the appeal is determined or otherwise disposed of.

(8) Where any amount forfeited by an order of the District Court under subsection (1) or an order of the Appellate Division of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or Appellate Division of the High Court (as the case may be) may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the politically significant person concerned.

(9) Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 319(1)(b)(iii) of the Criminal Procedure Code 2010.

(10) Where any amount recovered under any warrant issued under subsection (8) is in excess of the amount forfeited under this section, the balance must be returned to the politically significant person concerned.

(11) Without limiting the Supreme Court of Judicature Act 1969 and any other written law conferring power on the Rules Committee constituted under section 80(3) of that Act, the Rules Committee may make Rules of Court —(a)

with respect to applications or appeals to any court under this section;

(b)

for the giving of notice of such applications or appeals to persons affected; and

(c)

generally with respect to the procedure of proceedings under this section before any court.

—(1) Where —(a)

any donation is made to a politically significant person;

(b)

the donation is one which the politically significant person is prohibited from accepting by virtue of section 56, 57 or 58; and

(c)

the politically significant person has accepted the donation,

the Public Prosecutor may apply to a District Court for an order of forfeiture by the politically significant person of an amount equal to the value of the donation.

(2) Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the politically significant person concerned or the Public Prosecutor (as the case may be) may, before the end of the period of 30 days starting the date of the order or refusal to order, appeal to the Appellate Division of the High Court.

(3) An appeal under subsection (2) must be by way of a rehearing; and the Appellate Division of the High Court hearing the appeal may make such order as it considers appropriate.

(4) The standard of proof in proceedings under this section is that applicable to civil proceedings.

(5) An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.

(6) Any amount forfeited by an order under this section must be paid into the Consolidated Fund.

(7) Where an appeal is made under subsection (2), subsection (6) does not apply before the appeal is determined or otherwise disposed of.

(8) Where any amount forfeited by an order of the District Court under subsection (1) or an order of the Appellate Division of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or Appellate Division of the High Court (as the case may be) may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the politically significant person concerned.

(9) Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 319(1)(b)(iii) of the Criminal Procedure Code 2010.

(10) Where any amount recovered under any warrant issued under subsection (8) is in excess of the amount forfeited under this section, the balance must be returned to the politically significant person concerned.

(11) Without limiting the Supreme Court of Judicature Act 1969 and any other written law conferring power on the Rules Committee constituted under section 80(3) of that Act, the Rules Committee may make Rules of Court —(a)

with respect to applications or appeals to any court under this section;

(b)

for the giving of notice of such applications or appeals to persons affected; and

(c)

generally with respect to the procedure of proceedings under this section before any court.