Malaysia legislation
Section 26l
Section 26l
(2)
Where any seized conveyance, machinery, contrivance or equipment is temporarily returned under subsection (1), a person who—
(a)
fails, on demand, to surrender the conveyance, machinery, contrivance or equipment to the Director General; or
(b)
contravenes any of the terms or conditions imposed under subsection (1), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Sale and disposal of seized timber 26m. (1) The Director General may at any time direct that any timber seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act where—
(a)
the timber easily deteriorates in quality;
(b)
the custody of the timber involves unreasonable expense and inconvenience;
(c)
there is a lack or absence of adequate or proper facilities for the storage of the timber; or
(d)
the timber is believed to cause an obstruction or to be a hazard to the public.
(2)
The Director General may, in his discretion—
(a)
temporarily return the timber to the owner or to the person from whose possession, custody or control the timber was seized, subject to such terms and conditions as may be imposed by the Director General and in any case, subject to sufficient security being furnished to the satisfaction of
38
Act 105
the Director General that the timber shall be surrendered to the Director General on demand being made by the
Director General and that the said terms and conditions, if any, shall be complied with;
(b)
return the timber to the owner or to the person from whose possession, custody or control it was seized with liberty for the person to whom the timber is so returned to dispose of the same, such return being subject to security being furnished to the satisfaction of the Director General in an amount of not less than an amount which, in the opinion of the Director General, represents the open market value of such timber on the date on which it is so returned for the payment of the amount so secured to the Director General in the event the Court has made an order of forfeiture of such amount under section 26q.
(3)
Notwithstanding subsection (1), where an analyst appointed under section 29b certifies, or if the results of such tests as certified by the analyst prove, that the timber tested by him deteriorates in quality, the Director General may keep it in custody, or if no prosecution is instituted in respect of the timber, cause it to be disposed of in the manner determined by the Director General.
Power to require attendance of persons acquainted with case 26n. (1) The enforcement officer making an investigation under this Act may, by notice in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as required.
(2)
If any such person refuses to attend as required by a notice made under subsection (1), the enforcement officer may report his refusal to the Court who shall issue a warrant to secure the attendance of such person as may be required by the notice.
(3)
Any person who is required to attend before the enforcement officer under subsection (1) or (2) may be paid such allowances as may be prescribed by the Minister.
Malaysian Timber Industry (Incorporation)
39
Examination of persons acquainted with case 26o. (1) An enforcement officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2)
Such person shall be bound to answer all questions relating to such case put to him by the enforcement officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3)
A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4)
The enforcement officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5)
A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after—
(a)
it has been read to him in the language in which he made it; and
(b)
he has been given an opportunity to make any correction he may wish.
Admissibility of statements in evidence 26p. (1) In any trial or inquiry by a Court into an offence under this Act, any statement, whether the statement amounts to a confession or not, is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation under this Act or not and whether or not wholly or partly in answer to questions, by an accused person to or in the hearing of an enforcement officer and whether or not interpreted to him by any other enforcement officer or any other person, whether concerned or not in the arrest of that person, shall, notwithstanding any written law or rule of law to the contrary, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.
40
Act 105
(2)
No statement made under subsection (1) shall be admissible or used as provided for in that subsection if the making of the statement appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the person proceeding from a person in authority and sufficient in the opinion of the Court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
(3)
Where any person is arrested or is informed that he may be prosecuted for any offence under this Act, he shall be served by the enforcement officer with a notice in writing, which shall be explained to him, to the following effect:
“You have been arrested/informed that you may be prosecuted for …………(the possible offence under this
Act). Do you wish to say anything? If there is any fact on which you intend to rely in your defence in Court, you are advised to mention it now. If you hold it back till you go to
Court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.
(4)
Notwithstanding subsection (3), a statement by any person accused of any offence under this Act made before there is time to serve a notice under that subsection shall not be rendered inadmissible in evidence merely by reason of no such notice having been served on him if such notice has been served on him as soon as is reasonably possible thereafter.
(5)
No statement made by an accused person in answer to a written notice served on him pursuant to subsection (3) shall be construed as a statement caused by any inducement, threat or promise as is described in subsection (2), if it is otherwise voluntary.
(6)
Where in any criminal proceedings against a person for an offence under this Act, evidence is given that the accused, on being informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so informed, the Court, in determining whether the prosecution has made out a prima facie case against the accused and in determining whether the accused is guilty of the offence charged, may draw
Malaysian Timber Industry (Incorporation)
41
such inference from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.
(7)
Nothing in subsection (6) shall, in any criminal proceedings—
(a)
prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence of it would be admissible apart from that subsection; or
(b)
be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from that subsection.
Forfeiture of seized timber, etc.