Page:Mutual Assistance in Criminal Matters Act 2000.pdf/47

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MUTUAL ASSISTANCE IN CRIMINAL MATTERS
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FIRST SCHEDULE—continued

(iii) stock of any body incorporated outside Singapore or of any country or territory outside Singapore, being stock registered in a register kept at any place within Singapore; and
(iv) units of any unit trust in respect of which a register of the unit holders is kept at any place within Singapore.

(6) In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in sub-paragraph (5) (b), the High Court may provide for the charge to extend to any interest or dividend payable in respect of the asset.

(7) Where the High Court has made a charging order, the Court may give such directions to the Public Trustee or any person as the Court thinks fit to safeguard the assets under the charging order.

(8) The High Court may make an order discharging or varying the charging order and shall make an order discharging the charging order if the judicial proceedings against the defendant in the prescribed foreign country are concluded or the amount, payment of which is secured by the charge, is paid into the Court.

Charging orders: supplementary provisions

9.—(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 (Cap. 157) or an entry may be made under the Registration of Deeds Act (Cap. 269), as the case may be, in respect of a charging order.

(3) Subject to any provision made under paragraph 12 or by the Rules of Court, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same manner as an equitable charge created by the person holding the beneficial interest or, as the case may be, the trustees by writing under their hand.

(4) Where a charging order has been protected by a caveat lodged under the Land Titles Act or by an entry registered under the Registration of Deeds Act, an order under paragraph 8 (8) discharging the charging order may direct that the caveat be removed or the entry be cancelled.

Realisation of property

10.—(1) Where a foreign confiscation order has been registered in the High Court under section 30 of this Act, the High Court may, on the application of the Attorney-General, exercise the powers conferred by sub-paragraphs (2) to (7).