Dangerous Drugs Ordinance (Cap. 101), article 22A

22A. (1) Where a person is charged under article 22 of this Ordinance, with selling or dealing in a drug, or with promoting , constituting, organising or financing a conspiracy under sub-ar ticle (1)( f) of that article, or with the offence in sub-article (1C) of t he same article, or with the offen ce of possession of a drug, cont rary to the provisions of this Ordinance, under such circumstances t hat the court is satisfied that such possession was not for the exc lusive use of the offender, the court shall at the request of the pros ecution make an order - (a) attaching in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to the accused, and (b) prohibiting the accused from transferring or otherwise disposing of any movable or immovable property: Provided that the court shal l in such an order determine what moneys may be paid to or received by the accused during th e subsistence of such order, speci fying the sources, manner and o ther modalities of payment, including salary, wages, pension and soc ial security benefits payable to the accused, to allow him and his family a decent living in the amo unt, where the means permit, o f thirteen thousand and nine hundred and seventy-six euro and twenty-four cents (13, 976.24) every year: Provided further that the court may also - (a) authorise the payment of debts which are due by the accused to bona fide creditors and which were contracted before such order was made; and (b) on good ground authorise the accused to transfer movable or immovable property. (2) Such order shall - (a) become operative and binding on all third parties immediately it is made, and the Director of the Asset Recovery Bureau shall cause a notice thereof to be published without delay in the Gazette, and shall also cause a copy thereof to be registered in the Public Registry in respect of immovable property, and (b) remain in force until the final determination of the proceedings, and in the cas e of a conviction until the sentence has been executed. (3) The court may for particular circumstances vary such order, and the provisions of the foregoing sub-articles shall apply to such order as so varied. (4) Every such order shall cont ain the name and surname of the accused, his profession, trade or other status, father’s name, mother’s name and maiden surname, place of birth and place of residence and his id entity card number. (5) Where any money is or becomes due to the accused from any person while such order is in force such money shall, unles s otherwise directed in that order , be deposited in a bank to the credit of the accused. DANGEROUS DRUGS [CAP. 101. 23 (6) When such order ceases to be in force as provided in sub- article (2)( b) the Director of the Asset Recovery Bureau shall cause a notice to that effect to be publis hed in the Gazette, and shall enter in the Public Registry a note of cancellation of the registrati on of that order. (7) Where the court does not proceed forthwith to make an order as required under sub-artic le (1), the court shall forthw ith make a temporary freezing order having the same effect as an or der made under this article, which temporary order shall remain in force until such time as the court makes the order required by the said article. (8) Where for any reason whatsoe ver the court denies a request made by the prosecution for an order under sub-article (1), the Attorney General may, within three working days from the date o f the court’s decision, apply to the Criminal Court to make the required order and the provisions of this article shall apply mutatis mutandis to the order made by the Criminal Court under this sub- article as if were an order made by the court under sub-article (1). The temporary freezing order made under sub-article (7) shall remain in force until the Crimin al Court determines the applica tion. (9) The person charged may within three working days from the date of the making of the order under sub-article (7) apply to the Criminal Court for the revocation of the order, provided th at order shall remain in force unless revoked by the Criminal Cour t. The Director of the Asset Recovery Bureau to conduct enquiries. Added by: IV . 2014.32. Amended by: XXXI.2019.14.