CAP. 75
Criminal Procedure Code
[Rev. 2012]
RESTITUTION OF PROPERTY
177. Property found on accused person
Where, upon the apprehension of a person charged with an offence, any
property is taken from him, the court before which he is charged may order—
(a) that the property or a part thereof be restored to the person who
appears to the court to be entitled thereto, and, if he be the person
charged, that it be restored either to him or to such other person as
he may direct; or
(b) that the property or a part thereof be applied to the payment of any
fine or any costs or compensation directed to be paid by the person
charged.
178. Property stolen
(1) If a person guilty of an offence mentioned in Chapters XXVI to XXXI, both
inclusive, of the Penal Code (Cap. 63), in stealing, taking, obtaining, extorting,
converting or disposing of, or in knowingly receiving, any property, is prosecuted
to conviction by or on behalf of the owner of the property, the property shall be
restored to the owner or his representative.
(2) In every case referred to in this section, the court before whom the offender
is convicted may award from time to time writs of restitution for the property or order
the restitution thereof in a summary manner:
Provided that—
(i) where goods as defined in the Sale of Goods Act (Cap. 31) have been
obtained by fraud or other wrongful means not amounting to stealing,
the property in the goods shall not revest in the person who was the
owner of the goods, or his personal representative, by reason only of
the conviction of the offender;
(ii) nothing in this section shall apply to the case of a valuable security
which has been in good faith paid or discharged by a person liable
to the payment thereof, or, being a negotiable instrument, has been
taken or received in good faith by transfer or delivery by a person for a
just and valuable consideration without notice or without reasonable
cause to suspect that it has been stolen.
(3) On the restitution of stolen property, if it appears to the court by the evidence
that the offender has sold the stolen property to a person, and that that person has
had no knowledge that it was stolen, and that moneys have been taken from the
offender on his apprehension, the court may, on the application of the purchaser,
order that out of those moneys a sum not exceeding the amount of the proceeds
of the sale be delivered to the purchaser.
(4) The operation of an order under this section shall (unless the court before
which the conviction takes place directs to the contrary in any case in which the
title to the property is not in dispute) be suspended—
(a) in any case, until the time for appeal has elapsed; and
(b) in a case where an appeal is lodged, until the determination of the
appeal,
[Issue 1]
C44 - 68
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