Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
News
November 8, 2016

Proceeds of Crime Act amended

KINGSTON, Jamaica (JIS) – The House of Representatives on Tuesday approved amendments to the Proceeds of Crime Act (POCA) to correct a referencing error in the legislation.

The Bill was amended to facilitate the substitution of the words ‘Commissioner of Lands’ for ‘Commissioner of Land Valuations’ and will give the commissioner of lands the power to take all necessary action for the State to have ownership of seized property.

In piloting the Bill, Minister of National Security Robert Montague said the Act established the Asset Recovery Agency (ARA), which is the Financial Investigations Division (FID).

He said the FID was established by the Financial Investigations Act to investigate financial crimes and connected matters by managing, safeguarding, maintaining, and controlling any property seized or restrained under its governing legislation, as well as those seized, restrained or forfeited under any other enactment in connection with the proceeds related to financial crimes.

“It is important to note that the FID has extensive powers under the POCA. The FID/ARA under POCA has the power to secure the detention, custody or preservation of any property vested in it by recovery order pursuant to civil proceedings,” Montague explained.

He noted that in the case of property, other than money, the FID is empowered to realise the value of the property for the benefit of the FID.

Montague added that where property is the subject of a recovery order and includes real property, the Order will vest the real property in the Crown.

The minister said Section 9 (Subsection 3c) of the Act addresses the status of real property once the court makes a forfeiture order at a conviction.

“The property will vest absolutely in the Crown by virtue of the order. This also applies when a foreign confiscation order is made in relation to real property registered in Jamaica. Section 9 (3a) and Subsection (b) provide that where property against which a forfeiture order is made, the property vests in the crown in equity, but not at law until the applicable registration requirements have been complied with and the Crown is entitled to be registered as the owner of the property,” Montague said.

He said that Section 9 (Subsection 3c) of the Act gives the commissioner of land valuations the power, on behalf of the Crown, to do so or authorise the doing of anything necessary to obtain the registration of the Crown as owner.

“This, however, is an error of the law as the appropriate person or entity to exercise these powers is the Commissioner of Lands, pursuant to Section 4(2) of the Crown Property Vesting Act,” Montague said.

“The aforementioned error poses legislative difficulty when utilising the said subsection to have such property registered in the name of the Crown. This hampers the efforts of the FID, as there are several applications currently before the court for forfeiture of assets post-conviction,” he added.

The minister explained that the FID, having held the forfeited properties for an extended period of time, has found it necessary to pursue other routes in order to transfer these properties to the Crown.

Montague said on a number of occasions, the FID had to go back to court to obtain further orders, so as to give the registrar of the civil division of the Supreme Court the power to sign on behalf of the convicted persons who were either unwilling or were unable to sign the instruments of transfer.

“The amendments to Section 9 (Subsection 3c) of the POCA will allow for the naming of the correct person or entity, that is to say the Commissioner of Lands, so that the powers vested in the said commissioner, under the Crown Property Vesting Act, can be exercised,” he said.

He added that this would empower the commissioner to effect the registration of the Crown as owner of the various pieces of real estate that are the subject of forfeiture orders or recovery orders, so that these assets may be disposed of and the proceeds made available to the Crown.

POCA was passed by parliament in 2007 to replace the Money Laundering Act (MLA) and provides for the investigation, identification and recovery of the proceeds of crime and connected matters.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Police impose 48-hour curfew in four St Mary communities amid crime spike
Latest News, News
Police impose 48-hour curfew in four St Mary communities amid crime spike
May 29, 2026
ST MARY – Four St Mary communities have been placed under 48-hour curfews starting Friday, May 29 as police move to de-escalate tensions and contain a...
{"jamaica-observer":"Jamaica Observer"}
Designer Kadianne Nicely to stage first luxury fashion experience in Kingston
Latest News, Lifestyle
Designer Kadianne Nicely to stage first luxury fashion experience in Kingston
May 29, 2026
Kingston, Jamaica — International designer and model Kadianne Nicely is set to transform the local fashion landscape with the staging of her highly an...
{"jamaica-observer":"Jamaica Observer"}
‘Decided on moments’: PSG, Arsenal in knife-edge Champions League final
Latest News, Sports
‘Decided on moments’: PSG, Arsenal in knife-edge Champions League final
May 29, 2026
BUDAPEST, Hungary (AFP) -- It is said that opposites attract and Paris Saint-Germain's irresistible attack propelled them into Saturday's intriguing C...
{"jamaica-observer":"Jamaica Observer"}
Latest News, News, Videos
WATCH: Manchester police recover stolen items, public urged to make contact
May 29, 2026
MANCHESTER, Jamaica — Police in Manchester are asking members of the public who have been robbed of their belongings to identify stolen items at the M...
{"jamaica-observer":"Jamaica Observer"}
Sexual assault survivor champions national trauma healing effort
Latest News, News
Sexual assault survivor champions national trauma healing effort
May 29, 2026
At age three, Shanecia Stewart became sexual prey — a breach of trust by ‘Finger’, her neighbour from the tenement yard where she lived with her paren...
{"jamaica-observer":"Jamaica Observer"}
WATCH: ‘I will be by his side’ says spouse as burn victim airlifted to US for treatment
Latest News, News, Videos
WATCH: ‘I will be by his side’ says spouse as burn victim airlifted to US for treatment
May 29, 2026
KINGSTON, Jamaica -- A third victim of the explosion on South Camp Road earlier this week has been airlifted overseas, accompanied by his spouse, who ...
{"jamaica-observer":"Jamaica Observer"}
Miss 30+ Jamaica Pageant officially launched
Latest News, Lifestyle
Miss 30+ Jamaica Pageant officially launched
May 29, 2026
Following the successful staging of its third 30+ Fashion Show and Expo, Compass Communication has officially launched the Miss 30+ Jamaica Pageant, w...
{"jamaica-observer":"Jamaica Observer"}
Canadian poison seller pleads guilty to aiding suicides
International News, Latest News
Canadian poison seller pleads guilty to aiding suicides
May 29, 2026
NEWMARKET, Canada (AFP) -- The Canadian man who sold packages of poison to distressed people in dozens of countries pleaded guilty on Friday to 14 cou...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct