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Contents

Long Title

Part I PRELIMINARY

Part II PROHIBITION ON PURCHASE OR ACQUISITION OF RESIDENTIAL PROPERTY BY FOREIGN PERSONS

Part III APPROVAL TO PURCHASE, ACQUIRE OR RETAIN RESIDENTIAL PROPERTY

Part IV MISCELLANEOUS

FIRST SCHEDULE Description of subdivided buildings

SECOND SCHEDULE Description of flats

Legislative History

 
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On 22/11/2014, you requested the version in force on 22/11/2014 incorporating all amendments published on or before 22/11/2014. The closest version currently available is that of 17/01/2011.
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Confiscation of benefits of offence under section 4(6)
4A.
—(1)  Where a defendant is convicted of any offence under section 4(6), the court shall, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by him from the commission of the offence, if the court is satisfied that such benefits have been so derived.
(2)  Where the court is satisfied that benefits have been derived by the defendant from the commission of any offence under section 4(6), the court shall, before sentencing or otherwise dealing with him in respect of the offence concerned, determine in accordance with subsections (4) to (8) the amount to be recovered in his case by virtue of this section.
(3)  Subject to subsection (7), the benefits derived by a defendant from the commission of any offence under section 4(6) shall be —
(a)
any estate or interest in the development (including any income accruing from that estate or interest) held by the defendant in contravention of section 4(6); or
(b)
where that estate or interest is disposed of before conviction, the difference between —
(i)
the sale price or market value of that estate or interest, whichever is the higher; and
(ii)
the price paid by the defendant for the purchase or acquisition of that estate or interest.
(4)  The amount to be recovered from the defendant under a confiscation order under this section shall be the amount the court assesses to be the value of the benefits derived by the defendant from the commission of any offence under section 4(6).
(5)  For the purposes of this section —
(a)
the value of the benefits derived by a defendant from the commission of any offence under section 4(6) shall be the aggregate of the properties, estates and interests referred to in subsection (3)(a) or (b), as the case may be, relating to that defendant;
(b)
the value of the estate or interest in the development referred to in subsection (3)(a) shall be the market value of the estate or interest at the date of the conviction or the date of the commission of the offence, whichever is the higher;
(c)
the market value of the estate or interest in the development referred to in subsection (3)(b)(i) shall be the market value of the estate or interest at the date of disposal; and
(d)
in calculating the value of benefits derived by a defendant from the commission of any offence under section 4(6), any expenses or outgoings of the defendant in connection with the commission of the offence shall be disregarded.
(6)  Any question of fact to be decided by a court in proceedings under this section shall be decided on a balance of probabilities.
(7)  A benefit derived by a defendant convicted of any offence under section 4(6) shall not be taken into account if —
(a)
a confiscation order against the defendant has been made in respect of that benefit under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A);
(b)
a confiscation order against the defendant has previously been made under this section and that benefit is shown to the court to have been taken into account in determining the amount to be recovered under that order; or
(c)
a confiscation order against any other defendant has previously been made under this section in relation to an offence committed in the same transaction as the offence by the first-mentioned defendant and that benefit (being an estate or interest referred to in subsection (3)(a)) is shown to the court to have been taken into account in determining the amount to be recovered under the order against that other defendant.
(8)  Any relevant evidence admitted in the proceedings against the defendant for any offence under section 4(6) shall, if the court thinks fit, be taken into account in determining the amount to be recovered under subsection (2).
(9)  Subject to subsection (1), where a court orders the defendant to pay any amount under a confiscation order made under this section —
(a)
section 319 of the Criminal Procedure Code 2010 (Act 15 of 2010) shall have effect as if that amount were a fine imposed on him by the court; and
(b)
for the purposes of section 319(1)(b)(iv) of the Criminal Procedure Code 2010, the term for which the court may direct the defendant to be imprisoned in default of payment of any amount under the confiscation order shall be as follows:
(i)
if the amount does not exceed $2 million — imprisonment for a term not exceeding 5 years; and
(ii)
if the amount exceeds $2 million — imprisonment for a term not exceeding 10 years.
(10)  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 a confiscation order in respect of any offence under section 4(6); and
(b)
at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence,
the term of imprisonment to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b).
(11)  This section shall not apply in respect of any offence committed before the date of commencement of section 6 of the Residential Property (Amendment) Act 2010.
[35/2010 wef 17/01/2011]