FIRST SCHEDULE—continued
(3) Where the High Court has made an order under paragraph 7 (1) or 8 (1) by virtue of sub-paragraph (2), the Court shall discharge the order if the proposed judicial proceedings are not instituted within such time as the Court considers reasonable and which shall not in any event exceed a period of 3 months.
(4) The High Court shall not make an order under paragraph 7 (1) or 8 (1) if it is of the opinion that it is contrary to the public interest for the order to be made.
Restraint orders
7.—(1) 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.
(2) A restraint order may apply—
- (a) to all realisable property held by a specified person, whether the property is described in the restraint order or not; and
- (b) to all realisable property held by a specified person, being property transferred to him after the making of the restraint order.
(3) This section shall not have effect in relation to any property for the time being subject to a charge under paragraph 8.
(4) A restraint order—
- (a) may be made only on an application by the Attorney-General or, in a case where a foreign confiscation order has been registered under section 30 of this Act, by a receiver appointed under paragraph 10 of this Schedule or the Attorney-General;
- (b) may be made on an ex parte application to a Judge in chambers; and
- (c) notwithstanding anything in Order 11 of the Rules of Court, may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.
(5) A restraint order may be discharged or varied in relation to any property.
(6) A restraint order shall be discharged when judicial proceedings in relation to which the order was made are concluded.
(7) Where the High Court has made a restraint order, the 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 Court, to manage or otherwise deal with any property in respect of which he is appointed,
subject to such exceptions and conditions as may be specified by the Court.
(8) The High Court may require any person having possession of property in respect of which the receiver is appointed under sub-paragraph (7) to give possession of it to the Public Trustee or such receiver.
