ACT No. XXXI of 2019 AN ACT to amend various laws (better administration of justice).

I assent.

(L.S.)

GEORGE VELLA

President

6th December, 2019

ACT No. XXXI of 2019

AN ACT to amend various laws (better administration of justice).

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by authority of the same, as follows:-

(1) The short title of this Act is Various Laws (Better

commencement.

Administration of Justice) (Amendment) Act, 2019.

(2) This Act shall come into force on such date as the Minister for

Justice, Culture and Local Government may by notice in the Gazette

establish, and different dates may be so established for different

provisions of this Act.

PART I

AMENDMENTS TO THE CRIMINAL CODE

This Part amends the Criminal Code, and shall be read and

construed as one with the Criminal Code, hereinafter in this part

referred to as "the Code."

Article 23D of the Code shall be amended as follows

Amendment of

article 23D of

the Code.

(a) the marginal note thereof shall be substituted by the

words "The Director of the Asset Recovery Bureau to conduct

enquiries.";

(b) in sub-article (1) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau";

(c) in sub-article (2) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau"; and

(d) in sub-article (3) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau".

Immediately after article 533 of the Code, there shall be added Addition of new

article to the

the following new article

Code.

" Payment of

533A. (1)

Without prejudice to the

costs in cases

p r o v i s i o n s o f a r t i c l e 38 0 , i n t h e c a s e o f

instituted

proceedings instituted on the complaint of the

upon the

complaint of

i n j u r e d o r a g g r i e v e d p a r t y, w h e r e t h e

the injured or

aggrieved

complainant waives the action, the court shall in

party, where

declaring the proceedings as extinguished or in

the

complainant

any subsequent order, sentence the complainant

waives the

or complainants, jointly or severally, to the

action.

payment, wholly or in part, to the registrar, of

the costs incurred in connection with the

employment in the proceedings of any expert or

referee, including such experts as would have

been appointed in the examination of the procès

-verbal of the inquiry, within such period and in

such amount as shall be determined in the

judgment or order.

(2) In default of payment of the costs as

determined by the court, it shall be lawful for

the registrar to recover the costs aforesaid as a

civil debt, by making a declaration to that effect

in the record of the case at any time after the

declaration of extinction of proceedings is made.

(3) The recovery of the costs as a civil debt

shall be obtained by an application to the same

court for the enforcement of the judgment or

order, in the manner laid down in the Code of

Organization and Civil Procedure.".

In sub-article (1) of article 673 of the Code, for the words "the

registrar" there shall be substituted the words "the Director of the

Asset Recovery Bureau".

In article 676 of the Code for the words "the registrar" there

shall be substituted the words "the Director of the Asset Recovery

Article 679 of the Code shall be substituted by the following

"679. In disposing of property forfeited in favour of the

Government in terms of this Code or of any other law the

Director of the Asset Recovery Bureau shall observe the

following rules

(a) property which is of no or of little value may be

disposed of at the discretion of the Asset Recovery Bureau

provided that proper record of such disposal is kept;

(b) firearms, ammunition, explosives or other

chemical or dangerous substances, excluding collectibles,

shall be consigned to the proper authorities designated by

the Minister responsible for justice for destruction by

them;

(c) other property which is of value shall be sold

by auction by the Director of the Asset Recovery Bureau

following the publication of at least three advertisements in

a daily newspaper and any moneys deriving therefrom

shall accrue to the Government unless the Director of the

Asset Recovery Bureau deems it more beneficial to

Government to dispose of such property otherwise.".

PART II

AMENDMENTS TO THE CODE OF

ORGANIZATION AND CIVIL PROCEDURE

This Part amends the Code of Organization and Civil

Procedure, and shall be read and construed as one with the Code of

Organization and Civil Procedure, hereinafter in this part referred to as

"the Code."

Article 856 of the Code shall be amended as follows

Amendment of

article 856 of

the Code.

(a) in sub-article (1) thereof, for the words "the property

is, and also to order" there shall be substituted the words "property

is. The Court shall also order" and immediately after the words

"on the same" there shall be added the words "and the Court shall

order the person indicated by the party issuing the warrant, to

effect service of a copy of the warrant in accordance with sub-

article (3), as well as to seize the appropriate documentation and

certification from on board the vessel" ;

(b) in sub-article (3) thereof, for the words "of such ship

or vessel." there shall be substituted the words "of such ship or

vessel:" and immediately after there shall be added the following

proviso

"Provided that the party issuing the warrant shall

indicate in the appropriate part of the warrant the necessary

details of the person who shall effect service of the copy of

the warrant referred to in this sub-article upon the master

or other person in charge of such ship or vessel."; and

(c) immediately after sub-article (3) thereof, there shall

be added the following sub-article

"(4) Any documentation and certification seized

from on board a ship or vessel in accordance with sub-

article (1), shall within one working day, be handed over to

the registrar.".

In article 860 of the Code, immediately after the words "is to Amendment of

be found" there shall be added the words "and the details of the person article

the Code.

who shall effect service of the copy of the warrant referred to in article

856(1).".

Forms 32 and 33 of Schedule B of the Code shall be Amendment of

Schedule B of

substituted by the following

the Code.

"No. 32

Warrant of Arrest of Sea Vessels

over ten (10) metres in length (Precautionary)

In ..............................

Warrant No. .......................

Applicant……......................

vs

Respondent ..........................

Application of .................................................................................

It is being respectfully submitted and confirmed on oath by

…....................................................................................................:-

That the applicant seeks to safeguard a debt or a claim, whether in

personam or in rem, which could be frustrated by the departure of

the sea vessel indicated in this application;

That the debt or claim is the following:-

That the details of the said sea vessel of which the arrest is being

requested, are the following:-

- Name:- ..........................................................................................

- Identification details of the sea vessel

1.

2.

3.

4. - Place where the said vessel is to be found ....................................

- Authority: Authority for Transport in Malta ................................

That the details of the person being indicated by the applicant to

effect service of a copy of this warrant in accordance to sub-article

(3) of article 856 are the following:-

Full name of individual or company name: ..............................

Identity card number or company registration number: ...........

Address: ..................................................................................

That the applicant confirms that the above-mentioned person has

accepted to effect the said service.

That by the departure of the said sea vessel from Malta, the debt or

claim of the applicant may be evaded;

Therefore, the applicant respectfully requests that this Honourable

Court orders the issue of a Warrant of Arrest of Sea Vessels against

the said sea vessel for the herein mentioned credit and with the costs

of this procedure.

Advocate

Legal Procurator

Confirmed on oath before me after having read to him or her the

contents.

Filed by:-

Deputy Registrar

No. 32

Warrant of Arrest of Seagoing Vessels

over ten (10) metres in length (Precautionary)

Court Order

Republic of Malta

Warrant No. ..................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the Warrant

of Arrest of Seagoing Vessels;

This Court thus:-

Orders the Authority for Transport in Malta or any other authority

so designated by the Minister in accordance with article 857 of the

Code of Organization and Civil Procedure (Cap. 12), which has in

its hands or under its control the seagoing vessel against which such

warrant of arrest is being issued, to seize the vessel and not release

such sea vessel or allow the debtor to divest himself in any way

from the same vessel, in whole or in part, or to give or surrender to

any person any rights on the same;

Orders the same authority to take all necessary measures to display

the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

forthwith on the authority which has in its hands or under its control

the seagoing vessel against which such warrant of arrest is being

issued, and on the person indicated by the applicant to effect service

of a copy of the warrant in accordance to sub-article (3) of article

856 unless the person is not the same Executive Officer who is

executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of the warrant in accordance to sub-article (3) of article 856 on

the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel, and to elevate the

appropriate documentation and certification from on board the ship

or vessel, which documentation and certification shall within one

(1) working day, be handed over to the Registrar, Civil Courts and

Tribunals, by the person indicated by the applicant.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned Court.

Today,

day of

No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

Before ..............................

Warrant No. ............................

Applicant .................................

vs

Respondent ..............................

Application of .................................................................................

It is being respectfully submitted:-

That the applicant is in possession of an executive title and wishes

to enforce same on the sea vessel hereunder indicated, the execution

of which title could be frustrated by the departure of the sea vessel

indicated in this application;

That the executive title is the following:-

That the details of the said sea vessel of which the arrest is being

requested, are the following:-

- Name:- ..........................................................................................

- Identification details of the sea vessel:-

1.

2.

3.

4. - Place where the said vessel is to be found ......................................

- Authority: Authority for Transport in Malta ..................................

That the details of the person being indicated by the applicant to

effect service of a copy of this warrant in accordance to sub-article

(3) of article 856 are the following:-

Full name of individual or company name: .............................

Identity card number or company registration number: ...........

Address: .................................................................................

That the applicant confirms that the above-mentioned person has

accepted to effect the said service.

Therefore, the applicant respectfully requests that this Honourable

Court orders the issue of an Executive Warrant of Arrest of Sea

Vessels against the said sea vessel for the herein mentioned credit

and for the costs of this procedure and (1) order the sale of the said

vessel or (2) fix a time-limit within which the respondent shall pay

the amount due as this Court deems appropriate.

Advocate

Legal Procurator

Filed by:- ..........................................................................................

Deputy Registrar

No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

(Order for Payment)

Court Order

Republic of Malta

Warrant No. .....................................................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

This Court thus:-

Orders the respondent to pay the amount due as requested within

................................ days, and the present warrant shall remain in

force definitively until payment of the full amount is effected;

Orders the Authority for Transport in Malta or any other authority

so designated by the Minister and which has in its hands or under its

control the seagoing vessel against which such warrant of arrest is

being issued, to seize the vessel and not release such sea vessel or

allow the debtor to divest himself in any way from the same vessel,

in whole or in part, or to give or surrender to any person any rights

on the same;

Orders the same authority to take all necessary measures to display

the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

forthwith on the authority which has in its hands or under its control

the seagoing vessel against which such warrant of arrest is being

issued, and on the person indicated by the applicant to effect service

of a copy of the warrant in accordance to sub-article (3) of article

856 unless this person is not the same Executive Officer who is

executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of the warrant in accordance to sub-article (3) of article 856 on

the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel, and to elevate the

appropriate documentation and certification from on board the ship

or vessel, which documentation and certification shall within one

(1) working day, be handed over to the Registrar, Civil Courts and

Tribunals, by the person indicated by the applicant.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned Court.

Today,

day of

No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

(Order of Judicial sale, by auction -

given after issuance of an Order for Payment)

Court Order

Republic of Malta

Warrant No. .................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

This Court thus:-

Orders the sale by judicial auction of the said vessel as indicated in

the primary application;

Orders the Registrar to appoint experts in terms of article 89 of the

Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Sets the day, time and place of the judicial sale of the vessel as

being the following:-

Orders the Executive Officer to execute this warrant by notifying

forthwith this warrant to the authority which has in its hands or

under its control the seagoing vessel against which such warrant of

arrest is being issued, and to the person indicated by the applicant in

accordance with sub-article (3) of article 856 unless this person is

not the same Executive Officer who is executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of this warrant in accordance to sub-article (3) of article 856

on the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel following which he shall

personally inform the Registrar, Civil Courts and Tribunals, of his

endeavours.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned Court.

Today,

day of

No. 33

Executive Warrant of Arrest of Sea Vessels

over ten (10) metres in length

(Order of Judicial sale, by auction -

given without the issuance of an Order for Payment)

Court Order

Republic of Malta

Warrant No. .....................................................................................

Whereas the attached said application has been filed and there exist

sufficient grounds according to law for the issuance of the order

herein contained;

This Court thus:-

Orders the sale by judicial auction of the said vessel as indicated in

the primary application;

Orders the Registrar to appoint experts in terms of article 89 of the

Code of Organization and Civil Procedure (Cap. 12) as may be

required;

Orders that the appraisals of the expert/s shall be filed within

...................... days;

Orders the Authority for Transport in Malta or any other authority

so designated by the Minister and which has in its hands or under its

control the seagoing vessel against which such warrant of arrest is

being issued, to seize the vessel and not release such sea vessel or

allow the debtor to divest himself in any way from the same vessel,

in whole or in part, or to give or surrender to any person any rights

on the same;

Orders the same authority to take all necessary measures to display

the court order for the general attention of third parties;

Orders the Executive Officer to execute this warrant by serving it

forthwith on the authority which has in its hands or under its control

the seagoing vessel against which such warrant of arrest is being

issued, and on the person indicated by the applicant to effect service

of a copy of the warrant in accordance to sub-article (3) of article

856 unless this person is not the same Executive Officer who is

executing this warrant;

Orders that person indicated by the applicant to effect service of a

copy of the warrant in accordance to sub-article (3) of article 856 on

the person whose ship or vessel is arrested, the master or other

person in charge of such ship or vessel, and to elevate the

appropriate documentation and certification from on board the ship

or vessel, which documentation and certification shall within one

(1) working day, be handed over to the Registrar, Civil Courts and

Tribunals, by the person indicated by the applicant;

Sets the day, time and place of the judicial sale of the vessel as

being the following:-

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of the above-mentioned Court.

Today,

day of

20".

PART III

AMENDMENTS TO THE DANGEROUS DRUGS ORDINANCE

This Part amends the Dangerous Drugs Ordinance and shall Amendments to

be read and construed as one with the Dangerous Drugs Ordinance, the

Drugs

hereinafter in this Part referred to as "the Ordinance".

Ordinance.

Article 22A of the Ordinance shall be amended as follows

Amendment of

article 22A of

the Ordinance.

(a) in paragraph (a) of sub-article 2 thereof, for the

words "the Registrar of the Court" there shall be substituted the

words "the Director of the Asset Recovery Bureau"; and

(b) in sub-article (6) thereof, for the words "the Registrar

of the Court" there shall be substituted the words "the Director of

the Asset Recovery Bureau".

Article 22AB of the Ordinance shall be amended as follows

Amendment of

article 22AB of

the Ordinance.

(a) the marginal note thereof shall be substituted by the

words "The Director of the Asset Recovery Bureau to conduct

enquiries.";

(b) in sub-article (1) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau";

(c) in sub-article (2) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau"; and

(d) in sub-article (3) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau".

PART IV

AMENDMENTS TO THE PREVENTION OF MONEY

LAUNDERING ACT

This Part amends the Prevention of Money Laundering Act Amendments to

and shall be read and construed as one with the Prevention of Money the

of Money

Laundering Act, hereinafter in this Part referred to as "the principal Laundering

Act."

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a) in paragraph (a) of sub-article (2) thereof, for the

words "the Registrar of the Court" there shall be substituted the

words "the Director of the Asset Recovery Bureau"; and

(b) in sub-article (6) thereof, for the words "the Registrar

of the Court" there shall be substituted the words "the Director of

the Asset Recovery Bureau".

Article 11A of the principal Act shall be amended as follows

(a) the marginal note thereof shall be substituted by the

words "The Director of the Asset Recovery Bureau to conduct

enquiries.";

(b) in sub-article (1) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau";

(c) in sub-article (2) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau"; and

(d) in sub-article (3) thereof, for the words "the

Registrar" there shall be substituted the words "the Director of

the Asset Recovery Bureau".

Passed by the House of Representatives at Sitting No. 286 of the

3rd December, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.44