Section 41: Property indirectly obtained or used

41. Property indirectly obtained or used (1) Subject to section 42, where property which is terrorist property or an instrumentality of, or has been obtained through, an offence (in this section, referred to as “the original property”) is or has been recoverable, any property which represents that property is also so recoverable. (2) Where a person enters into a transaction by which— (a) he disposes of property which is recoverable, whether the original property or property which represents the original property; and (b) he obtains other property in place of it, the other property represents the original property. (3) Where a person disposes of property which represents the original property, the property may be followed into the hands of the person who obtains it. (4) (a) The part of any mixed property which is attributable to property which is recoverable represents the property used as an instrumentality of, or obtained through, an offence. (b) Property may be mixed with other property where it is used— (i) to increase funds held in a bank account; (ii) in part payment for the acquisition of an asset; (iii) for the restoration or improvement of land; (iv) by a person holding a leasehold interest in the property to acquire the freehold; or (v) for any similar purpose. (5) Where a person who has property which is used as an instrumentality of, or is derived from, an offence obtains further property consisting of profits accruing in respect of the use or derivation, the further property shall be treated as representing the property used as an instrumentality of, or obtained through, an offence. (6) (a) Where a person grants an interest in property that is recoverable pursuant to Sub-Part A or B of this Part, the question whether the interest is also recoverable shall be determined in the same manner as it is on any other disposal of recoverable property. [Issue 3] A23A – 26 Revised Laws of Mauritius (b) Where the property in question is proceeds or an instrumentality of, or obtained through, an offence, the interest is also to be treated as part of the instrumentality or as obtained through that offence, as the case may be. (c) Where the property in question represents in the person’s hands proceeds or an instrumentality of or obtained through an offence, the interest is also to be treated as representing in his hands part of the instrumentality or the property so obtained, as the case may be.