Addition
of new sections 14A, 148. 140, 14D and 14E.
7. The principal Ordinance is amended by adding after section 14 the following new sections—
"Restric- tion on
disposal of property ctc.
Reversal or variation of Commis sioner's
decision.
14A. (1) The Commissioner may, by written notice to a person who is the subject of an investiga- tion in respect of an offence alleged or suspected to have been committed under this Ordinance 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 Commissioner.
(2) A notice under subsection (1) shall have effect from the time of service upon the person to whom it is addressed and shall continue in force for a period of twelve months or until cancelled by the Commissioner whichever is the earlier.
(3) Nothing in subsection (2) shall prevent the Commissioner from making a further order in respect of the same property.
(4) The Commissioner 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).
(5) A person who disposes of or otherwise deals with any property specified in a notice under sub- section (1) other than in accordance with the consent of the Commissioner shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 or the value of the property disposed or otherwise dealt with, whichever is greater, and to imprisonment for three years.
148. (1) A person on whom a notice under section 14A(1) has been served who is aggrieved by The refusal of the Commissioner to give a consent thereunder or by the imposition of any terms or conditions to any such consent may at any time apply to the court for an order to reverse or vary the decision of the Commissioner.
(2) An applicant under subsection (1) shall give to the Commissioner such notice of the day fixed for the hearing of the application as a judge of the court may order.
T
Restraining ordery,
(3) On the hearing of an application under sub- section (1), the court may-
(a) reverse the decision of the Commissioner and consent to the disposal of or other dealing with any property specified in the notice subject to such terms and conditions as it thinks fit; or
(b) vary any of the terms and conditions im- posed by the Commissioner to a consent under section 14A(4),
(4) In this section and in sections 14C. 14D and 14E "court" means the District Court.
14C, (1) If, on application ex parte by or on behalf of the Commissioner, the court is satisfied that
(a)
any property is due to a person (hereinafter in this section and in sections 14D and 14E referred to as the "suspected person"), who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Ordin- ance or against whom a prosecution for such an offence has been instituted, from another person (hereinafter so referred to as the "third party"); or
(b) a third party is holding any property for or on behalf of or to the order of a suspected person.
the court may make an order under this subsection (hereinafter so referred to as a "restraining order").
may-
(2) In making a restraining order the couri
(a) impose such conditions; or
(b) exempt such property from the operation thereof (including periodic payments of money).
as it thinks fit, but subject as aforesaid, the third party on whom a restraining order is served in accordance with subsection (3) shall not dispose of or otherwise deal with any property specified in the restraining order save in accordance with directions of the court.