Section 2

any person who had been or is residing in the residential premises (including appurtenances) of such person;

any person who had been or is an agent or nominee of such person;

any person who had been or is managing the affairs or keeping the accounts of such person;

any partnership firm of which such person, or any

Dangerous Drugs (Forfeiture of Property) 9

agent or nominee of his, is or had been a partner or a person in charge or control of its business or affairs;

any corporation within the meaning of the

Companies Act 1965 [Act 125], of which such person, or any agent or nominee of his, had been or is a director or had been or is in charge of or control of its business or affairs, or in which such person, together with any agent or nominee of his, has or have, or had, shares to the total value of not less than ten per centum of the total issued capital of the corporation;

any person who had been or is a partner, or a person in charge or control of the business or affairs, of a partnership firm referred to in paragraph (d) at any time when such person, or any agent or nominee of his, had been or is a partner in the partnership firm;

any person who had been or is a director, or a person in charge or control of the business or affairs, of a corporation referred to in paragraph (e) at any time when such person, or any agent or nominee of his, had been or is a director, or had been or is in charge or control of the business or affairs, of the corporation, or at any time when such person, together with any agent or nominee of his, has or have, or had, shares to the total value of not less than ten per centum of the total issued capital of the corporation;

any person who had been or is an agent of any partnership firm or corporation referred to in paragraph (d) or (e) respectively;

any person who had been or is keeping the accounts of any partnership firm or corporation referred to in

10

Laws of Malaysia ACT 340

paragraph (d) or (e) respectively;

the trustee of any trust, where—

the trust has been created by such person;

or

any person who has in his possession any property belonging to such person; and

any person who is indebted to such person;

―bank‖ means a bank licensed under the *Banking Act 1973 [Act 102], or an Islamic bank licensed under the Islamic

Banking Act 1983 [Act 276], or a merchant bank, or any person carrying on any banking business under any written law, or a licensed finance company under the **Finance

Companies Act 1969 [Act 6], or the National Savings Bank established under the Bank Simpanan Nasional Act 1974 [Act 146], or any co-operative society registered under any written law relating to co-operative societies;

―banker’s books‖ includes ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of the business of a bank;

―business‖ means any activity carried on for the purpose of gain or profit and includes all property derived from or used in or for the purpose of carrying on such activity, and all rights and liabilities arising from such activity;

*NOTE—The Banking Act 1973 [Act 102] has since been repealed by the Banking and

Financial Institutions Act 1989 [Act 372]–see section 128 of Act 372.

**NOTE—The Finance Companies Act 1969 [Act 6] has since been repealed by the Banking and Financial

Institutions

Act 1989

[Act 372]–see section 128

of

Act 372.

Dangerous Drugs (Forfeiture of Property) 11

―conviction‖ includes any finding of guilt or any order involving any finding of guilt by any court of competent authority in Malaysia or outside Malaysia, regardless whether or not the conviction or finding of guilt is ordered to be recorded, and whether or not the person convicted or found guilty is sentenced to any punishment;

―corresponding foreign law‖ or ―foreign law corresponding to‖ means the provision of any law of any country, territory or place outside Malaysia which is similar in whole, or in part, or in substance, to the Malaysian law in relation to which this expression is used;

―dealing‖ includes—

a purchase, sale, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts, extension of credit;

any purchase or sale of any securities, monetary instrument, or other instrument whatsoever by whatever means effected;

any agency or grant of power of attorney; and

any other disposition or dealing in whatever form, or of whatever description or nature, howsoever styled, which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole or part of any property being conferred on any person;

―designated police officer‖ means a police officer of the rank of Superintendent or above, designated in writing by name or office by the Inspector General of Police for the purposes of this Act either generally or in relation to any specific provision of this Act;

12

Laws of Malaysia ACT 340

―diminished in value‖, in relation to any property, means the whole or part of the property being expended, utilized, destroyed, or being subjected to any dealing, process or other act, so that it ceases to exist, or is reduced in value or size, or is altered in character;

―document‖ includes—

any letters, figures, marks, inscription, writing, sign, caricature, picture, drawing, or representation in any form; and

any visual recording (whether of still or moving images) or sound recording, on any substance, material, thing or article;

―final acquittal‖ means an acquittal at the level of original jurisdiction where there is no appeal against the acquittal, but where there is an appeal against such acquittal, or against any conviction whether at the level of original jurisdiction or at a lower level of appellate jurisdiction, it means an order at the final level of appellate jurisdiction providing for an acquittal, and ―finally acquitted‖

has a corresponding meaning; and for the purpose of this definition ―appeal‖ includes any proceedings in whatever form and howsoever styled in relation to the decision given at the level of original jurisdiction or a lower level of appellate jurisdiction, but does not include any proceedings in relation to a pardon or exercise of leniency by an executive authority;

―final conviction‖ means a conviction at the level of original jurisdiction where there is no appeal against the conviction or against the sentence or other order arising from the conviction, but where there is such an appeal, or where there is an appeal against any order of acquittal, discharge or otherwise whether given at the level of original jurisdiction or at a lower level of appellate jurisdiction, it means an order at the final level of appellate jurisdiction providing for a conviction, and ―finally convicted‖ has a corresponding meaning; and for the purpose of this definition ―appeal‖

Dangerous Drugs (Forfeiture of Property) 13

includes any proceedings in whatever form and howsoever styled in relation to the decision given at the level of original jurisdiction or a lower level of appellate jurisdiction, but does not include any proceeding in relation to a pardon or exercise of leniency by an executive authority;

―financial institution‖ includes a bank, or any person within Malaysia, which, in fact, lawfully or unlawfully, carries on any banking business or finance business as defined in the Banking Act 1973 or the Finance Companies

Act 1969, respectively, and any bank or person outside

Malaysia, which, in fact, lawfully or unlawfully, carries on any similar business;

―forfeited‖ means, in relation to any property, that property forfeited to the Government of Malaysia in accordance with this Act;

―held‖ means, in relation to any property, that property held by a holder;

―hold‖ means, in relation to any property, the holding of that property by a holder;

―holder‖ includes, in relation to any property, any person who is the owner of, any person who is in possession of, any person who is in occupation of, any person who has the custody or control of, and any person who has any other right, interest, title, claim, power, duty or obligation whatsoever in relation to, that property;

―illegal property‖ means any property, whether within or outside Malaysia—

which is wholly or partly derived or obtained from or by means of any prohibited activity carried out by any person after the commencement of this Act;

14

Laws of Malaysia ACT 340

which is the income, earnings or assets wholly or partly derived or obtained from or by means of any property referred to in paragraph (a);

which is wholly or partly derived or obtained from or by means of any property referred to in paragraph

or (b);

which is wholly or partly traceable or attributable to any property referred to in paragraph (a), (b), or

, or to any income, earnings or assets of any such property;

which, after the commencement of this Act, is or was used to assist or facilitate any prohibited activity;

which is the subject matter of an offence under section 3, 4, or subsection 24(7) or of any

Scheduled offence committed after the commencement of this Act; or

which, due to any circumstance such as, but not limited to, its nature, value, location or place of discovery, or the time, manner or place of its acquisition, or the person from whom it was acquired, or its proximity to other property referred to in the foregoing paragraphs, can be reasonably believed to be property falling within the scope of any of the foregoing paragraphs;

―liable person‖ means a person referred to in section 7 as being liable to be proceeded against under Part III;

―Minister‖

means the

Minister charged with the responsibility for internal security;

―monetary instrument‖ means coin or currency of Malaysia or of any other country, traveller’s cheque, personal cheque, bank cheque, money order, investment security in bearer form or

Dangerous Drugs (Forfeiture of Property) 15

otherwise in such form that title thereto passes upon delivery or upon delivery and endorsement, and negotiable instrument in bearer form or otherwise in such form that title thereto passes upon delivery or upon delivery and endorsement;

―prescribed‖ means prescribed by regulations made under section 62;

―proceedings under this Act‖ means any proceedings under any provision of this Act, including any prosecution for an offence under this Act;

―prohibited activity‖ means any act, activity, or conduct taking place in whole or in part within or outside Malaysia which—

constitutes an offence under section 3 or 4 of this

Act, or under any foreign law corresponding thereto or which constitutes a Scheduled offence; or

although not constituting such an offence, is of such a nature or occurs in such circumstances that it could be reasonably believed therefrom that it would have ultimately resulted in or led to the commission of such an offence;

―property‖ means any movable or immovable property, and includes—

any right, interest, title, claim, chose in action, power, privilege, whether present or future and whether vested or contingent, in relation to any property, or which is otherwise of value;

any conveyance executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property whereof the person executing the conveyance is proprietor or possessed or wherein he is entitled to a contingent right, either for his whole interest or for any less interest;

16

Laws of Malaysia ACT 340

any monetary instrument;

any other instrument or securities;

any business; and

any other tangible or intangible property;

―public body‖ includes—

the Government of Malaysia;

the Government of a State;

any local authority and any other statutory authority established by, and exercising powers vested in it by, any written law;

any department, service or undertaking of the

Government of Malaysia, the Government of a State, a local authority, other statutory authority, or of any authority, organization, body or individual specified under paragraph (e); or

any authority, organization or body, or any individual referred to by name or office, specified by the Minister by notification in the Gazette to be a public body for the purposes of this Act;

―public officer‖ includes any person in the permanent or temporary employment of a public body;

―purchaser in good faith for valuable consideration‖ means any transferee, assignee, chargee, mortgagee, pledgee, holder of a lien, or lessee, of any property where the transfer, assignment, charge, mortgage, pledge, lien, or lease was obtained by him for adequate valuable consideration in money or money’s worth, without notice—

Dangerous Drugs (Forfeiture of Property) 17

that the property is illegal property; or

of any circumstances from which, if reasonable inquiries had been made, it might have been discovered that the property is illegal property;

―relative‖, in relation to a person, means—

spouse of the person;

brother or sister of the person;

brother or sister of the spouse of the person;

any lineal ascendant or descendant of the person;

any lineal ascendant or descendant of the spouse of the person;

spouse of a person referred to in paragraph (b), (c),

or (e);

any lineal descendant of a person referred to in paragraph (b) or (c);

brother or sister or spouse of the brother or sister of any lineal ascendant of the person or his spouse; or

any lineal descendant or spouse of any lineal descendant of a person referred to in paragraph

;

―Scheduled offence‖ means an offence specified or described in the First Schedule to this Act;

―securities‖ includes stocks, bonds, shares, debentures, funds and certificates of deposit;

18

Laws of Malaysia ACT 340

―senior police officer‖ shall have the same meaning as in the Police Act 1967 [Act 344];

―trust‖ includes any legal obligation in favour of any beneficiary subject to which any person holds any property.

the adoption of any person by another under any written law of Malaysia or any country, territory or place outside Malaysia, or under any custom recognized by any class of persons in Malaysia or in any country, territory or place outside Malaysia, shall be treated as creating between the adopter and the adopted person the same natural relationship as the adoptive relationship, and other relationships in relation thereto shall be determined accordingly; and

references therein to a relationship include, where relevant, a relationship by the half blood.