National Security Minister Dr. Horace Chang
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National Security Minister Dr. Horace Chang
The government faces a major constitutional challenge in seeking to prosecute people with unexplained wealth and those accused of illicit enrichment.
That's according to National Security Minister Dr. Horace Chang.
Speaking at Wednesday's post-Cabinet press briefing, Dr. Chang argued that while the state has the power to forfeit the property and assets of people convicted of financial crimes, it is more challenging to prosecute those with unexplained wealth.
"We are not able to take wealth without identifying a predicate offence," he said, noting that a past change to the Constitution saw the removal of reverse burden proof, which is what is used by the UK government to investigate individuals who cannot explain their wealth.
"The reverse burden proof...is what could be used easily to investigate anybody who turns up with wealth that they cannot explain and charge them and forfeit. Under our current Constitution, his right to privacy is protected in that area."
Dr. Chang reiterated that under the current Constitution, an individual's wealth cannot be investigated without evidence that an initial criminal offence was committed to generate illicit funds.
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