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

22C. (1) Where an order of forfeiture is made under of sub- article 22(3A)( d), the person found guilty, or the third party therein mentioned, may bring an action for a declaration that any or al l of the movable or immovable property so forfeited is not profits o r proceeds from the commission of a ny offence under this Ordinanc e (whether or not so adjudged by a court of criminal justice) nor property acquired or obtained, directly or indirectly, by or th rough any such profi ts or proceeds. (2) Such action shall be brought not later than three months from the date on which the sentence ordering the forfeiture sha ll have become definite, by an application in the Civil Court (Ass et Recovery Section). (3) The applicant shall attach to the application all such documents in support of his claim as it may be in his power to produce and shall indicate in his application the names of all the witnesses he intends to produce, stating in respect of each the proof which he intends to make. (4) The court shall, without delay, set down the application for hearing at an early dat e, which date shall in no case be later than thirty days from the date of the filing of the application. (5) The application and the notice of the date fixed for hearing shall be served on the Asset Recovery Bureau without delay, and the said Bureau shall file his reply thereto within fifteen days af ter the date of the service of the application. (6) The court shall hear the application to a conclusion within twenty working days from the dat e fixed for the original hearin g of the application, and no adjournment shall be granted except eit her with the consent of both parties or for an exceptional reason t o be recorded by the court, and such adjourned date shall not be lat er than that justified by any such reason. Cap. 12. (7) Saving the preceding provisions of this article, the provisions of the Code of Organization and Civil Procedure DANGEROUS DRUGS [CAP. 101. 25 relating to proceedings before the Civil Court, First Hall, sha ll apply in relation to any such application. (8) Subject to sub-article (9 ) any decision revoking the forfeiture of immovable property shall be deemed to transfer th e title of such property back from the Government to the party in favour of whom it is given, an d such party may obtain the registration of such transf er in the Public Registry. Cap. 12. (9) Where a decision has been taken revoking the forfeiture of any movable or immovable property under this article, and provided that the person convicted or the body corporate, or th e person convicted and the body corporate in solidum , as the case may be, have not been so sentenced, the Court shall sentence th e said persons, to the payment of a fine ( multa ) which is the equivalent of the amount of the pr oceeds of the offence. The sa id fine may be recovered as a civil debt and for this purpose the sentence of the court shall constitute an executive title for a ll intents and purposes of the Code of Organization and Civil Procedure . Reversion of property ceasing to be forfeited. Added by: VIII. 1986.3.