Cap. 621 · Proceeds Of Crime Act (Cap. 621)
Cap. 621 Art. 2Interpretation.
(1) In this Act, unless the context otherwise requires:
"accused" shall include a person charged;
"amount established by the Minister by order in the Gazette" includes both an order establishing a fixed amount as well as an order establishing a formula determining the manner in which such an amount should be computed whether by reference to a specific period of time or from time to time;
"Board" means the Board of the Bureau established by article 7;
"Bureau" means the Asset Recovery Bureau established by article 6;
*See Legal Notice 98 of 2021. "category of cases" and "cases of any category" mean both actions as well as actions as provided in personam in rem for under this Act;
"Civil Court (Asset Recovery Section)" means the section of the Civil Court established in Part III;
"confiscation" means taking or seizing a property by order of the competent authority that deprives the owner of his title, entirely or in part, for no compensation;
"Director" means the Director of the Bureau, and includes a member of the Directorate staff duly authorised by the Director and a contractor of the Bureau acting under the instructions of the Director;
"Minister" means the Minister responsible for justice;
"owner" means a person with an ownership or secured interest in property. "Owner" does not include a nominee who despite having legal title, does not exercise dominion and control over the property consistent with the rights of the true owner. "Owner" also does not include an unsecured creditor with a cause of action against the property owner or his estate but no interest in specific property;
"property" means all assets of any kind, tangible or intangible, moveable or immoveable, corporeal or incorporeal, and includes virtual assets and legal documents or instruments evidencing title to, or interest in, such assets, as well as one’s entire patrimony;
"Seizing and Freezing Order" shall include a reference to such an order using words to the same effect and in particular includes an order referred to simply as a "Freezing Order" under any other law;
"suspect" means a person suspected to have committed a relevant offence;
"virtual asset" means a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes.
(2) (a) Where it is provided in this Act that an action may be instituted by "the Government" such action may be instituted by the Asset Recovery Bureau and the Commissioner of Police acting either individually or collectively provided that nothing in this sub-article shall be interpreted as allowing the filing of more than one action on the same claim by different applicants. The Asset Recovery Bureau and the Commissioner of Police may conclude a memorandum of understanding between them in order to determine the types of cases which shall be pursued by each or by more than one of them.
(b) In this Act unless the context otherwise requires, any reference to "a person" shall be deemed to be a reference to any person whether physical or moral, and includes a reference to an association or body of persons, whether corporate or incorporate and whether that association, body or other grouping is for a transitory period, or for a particular end, or otherwise.
Änderungsgeschichte
- Amended by VI.2024.21