Written Reply to Parliamentary Question on Whether the Ministry Will Introduce Non-Conviction-Based Civil Forfeiture of Assets Believed To Be Derived From “Drug Dealing” or “Criminal Conduct”

Question:

Mr Murali Pillai: To ask the Minister for Home Affairs whether the Ministry will introduce non-conviction-based civil forfeiture of assets believed to be derived from “drug dealing” or “criminal conduct” within the definition of Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.

Answer:

Mr K Shanmugam, Minister for Home Affairs and Minister for Law:

1.   There are existing mechanisms for non-conviction-based confiscation of benefits from criminal conduct in Singapore. The Organised Crime Act provides for the civil confiscation of benefits derived from organised crime activities without a need for a conviction. The Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (CDSA) also allows for such confiscation, albeit only in exceptional circumstances where the defendant is deceased or has absconded.

2.   Non-conviction-based confiscation mechanisms can complement conviction-based confiscation mechanisms, to deprive criminals of financial gain. This is increasingly important as the operating environment for profit-generating crime becomes more complex. In fact, strengthening asset recovery and enhancing law enforcement’s ability to target criminal assets are priorities of the Financial Action Task Force (FATF) - an inter-governmental body that sets international standards to prevent and combat money laundering, terrorism and proliferation financing, of which Singapore is a member.

3.   We will review our non-conviction-based confiscation mechanisms.