Provisions supplemental to section 35

(1) In this Act, “realisable property” means, subject to sub- (a) any property held by the defendant; and (b) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act. (2) Property is not realisable property if an order under section 29 is in force in respect of that property or, , if section 56 of the Customs Regulation Act, applies to such property. CAP. 49. (3) For the purpose of sections 33 and 34, the amount that might be realised at the time when a forfeiture order is made shall be calculated in accordance with the following table, Total of the values at that time of all realisable property held by the defendant...................................................... $ ............. Deduct the total amount payable in pursuance of such obligations, if any, as may have priority at that time. $ ............. Add the total of the values at that time of all gifts caught by this Act .................................................................$.............. Net amount realisable............................................$.............. 54 (4) For the purposes of sub-section (3), an obligation has priority at anytime if it is an obligation of the defendant to– (a) pay an amount due in respect of a fine, or other order of a court, imposed or made before the forfeiture order; or (b) pay any sum which, if the defendant had been adjudged bankrupt or was being wound up, would be– (i) in the case of bankruptcy, the debts to be paid in priority in accordance with section 36 of the Bankruptcy Act; CAP. 244. (ii) in the case of winding up, the preferential payments to be paid in priority in accordance with section 199 of the Companies Act. CAP. 250. (5) A gift is caught by this Act if– (a) it was made by the defendant at any time since the beginning of the period of six years ending when the relevant proceedings were instituted against him; or (b) it was made by the defendant at any time and was a gift of property– (i) received by the defendant in connection with drug trafficking carried on by him or another; or (ii) which in whole or in part directly or indirectly represented in the defendant’s hands, property received by him in that connection, 55 Provided that the period of six years mentioned in this sub- section shall not include any period prior to the commencement of this Act. (6) For the purposes of this Act– (a) the circumstances in which the defendant is to be treated as making a gift include those where he transfers property to another person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and (b) in those the preceding provisions of this section shall apply as if the defendant made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) as bears to the value of the consideration provided by the