Section 11

cannot be located or traced;

has been disposed of to a purchaser in good faith for valuable consideration;

has been removed from Malaysia;

is outside Malaysia;

has been commingled with other property which cannot be separated or divided without difficulty;

or

has been diminished in value, the Court shall order that any other property of the person affected be forfeited to the value of any property referred to in paragraph (a), (c), (d), or (e), or, in the case of property referred to in paragraph (b) or (f), to the extent of

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Laws of Malaysia ACT 340

the disposal, or to the extent to which it has been diminished in value, as the case may be, and where there is no other property available for forfeiture, or where the value of the other property ordered to be forfeited is less than the value of the property originally ordered to be forfeited, the Court shall order that an amount equal to the full value of the property originally ordered to be forfeited, or to such full value less the value of the other property ordered to be forfeited, as the case may be, be forfeited, and if such person fails to pay such amount within such period, not exceeding thirty days from the date of such order, as the Court may direct, the Court shall sentence him to imprisonment for a term of not less than three years and not more than seven years.

Where the person in respect of whose property an order of forfeiture under section 10 has been made had died before the order was made or dies after it is made and subsection (1)

applies in respect of any property so forfeited, the said subsection shall have effect against the estate of the deceased in the same manner as it would have had against him and his property:

Provided that no order for payment of an amount shall be made against the personal representative of the estate of the deceased or any beneficiary of such deceased if no property in the estate of the deceased is available for forfeiture or for payment of such amount.

(a)

For the purposes of this section, the value of any property shall be its market value at the date on which the order under subsection 10(5) was made, or such value as may be determined by a person having special means of knowledge in respect of such property.