Section 27: Restriction Order

27. Restriction Order (1) (a) Where property is reasonably believed by the Enforcement Authority to be recoverable under Sub-Part B of this Part and to be proceeds or an instrumentality or terrorist property, it may apply to a Judge for a Restriction Order in respect of that property. (b) It shall be sufficient for the purposes of paragraph (a) for the Enforcement Authority to show that the property is proceeds or an instrumentality or terrorist property, without having to show that the property was derived directly or indirectly from a particular offence or that any person has been charged in relation to such an offence. (c) The Enforcement Authority may make an application under paragraph (a) even where the act which is the subject of the application was committed by a person who is deceased at the time of the application. (d) Where the Enforcement Authority is of opinion that, for any reason, it is necessary to appoint an Asset Manager in respect of the property, it shall state the reason in its application and nominate a suitably qualified person for appointment. (2) The Judge shall, where he is satisfied that there are reasonable grounds to believe that the property referred to in the application is proceeds or an instrumentality or terrorist property, make a Restriction Order which may— (a) authorise, require or secure the delivery up, seizure, detention or custody of the property; or (b) appoint an Asset Manager who shall be authorised or required to take— (i) custody and control of the property and to manage or otherwise deal with it as the Judge may direct; or (ii) steps which the Judge considers appropriate to secure the detention, custody or preservation of the property or for any other purpose. (3) The Judge may make a Restriction Order where a person is not in Mauritius or was acquitted of the offence, the charge was withdrawn before a verdict was returned or the proceedings were stayed. (3A) Notwithstanding subsections (1) and (2), the Enforcement Authority may apply to the Judge for an order that, instead of appointing an Asset [Issue 5] A23A – 18 Revised Laws of Mauritius Manager, the person in whose possession the property is found shall exercise the powers referred to in subsection (2)(b). (3B) Section 14 shall apply to a Restriction Order, with necessary modifications, as it applies to a Restraining Order. (4) (a) In order to prevent property subject of a Restriction Order from being disposed of or removed contrary to the Order, a law enforcement agent may seize the property where he has reasonable grounds to suspect that the property will be disposed of or removed. (b) Any property seized pursuant to paragraph (a) shall be dealt with in accordance with the directions of a Judge. (5) (a) Where a Judge makes a Restriction Order, the Enforcement Authority shall, within 21 days of the making of the Order or such longer period as the Judge may direct, give notice of the Order to every person known to the Enforcement Authority to have an interest in property which is subject of the Order and such other persons as the Judge may direct. (b) Where a person who is the owner of the property is unknown or cannot be found, the Judge shall cause to be published a notice of the Order in 2 daily newspapers of wide circulation as soon as practicable after the Order is made. [S. 27 amended by s. 15 of Act 24 of 2012 w.e.f. 10 November 2012.]