Section 22 — DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988

(a)

require any such person to furnish a sworn statement in writing—

(i)

identifying each item of movable or immovable property, whether within or outside Malaysia, belonging to or possessed by such person, or by his relatives or associates, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, inheritance, or otherwise howsoever;

(ii)

identifying each property sent out of

Malaysia by him or by his relatives or associates during such period as may be specified in the notice;

(iii)

setting out the estimated value and location of each of the properties identified under subparagraphs (i) and (ii), and if any of such properties cannot be located, the reason therefor;

(iv)

stating in respect of each of the properties identified under subparagraphs (i) and (ii)

whether the property is held by himself or by any other person on his behalf, whether it has been transferred, sold to, or kept with any other person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;

(v)

setting out all other information relating to his properties, business, travel, or other activities whatsoever, or to the

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properties, business, travel or other activities whatsoever, of his relatives or associates, as may be specified in the notice; and

(vi)

setting out all his sources of income, earnings or assets;

(b)

require any relative or associate of such person, or any other person in respect of whom the Public

Prosecutor has reasonable grounds to believe that the information from him will assist in the investigation, to furnish a sworn statement in writing—

(i)

identifying each movable or immovable property, whether within or outside

Malaysia, belonging to or possessed by him, and specifying the date on which each of the properties identified was acquired, and the manner in which it was acquired, whether by way of any dealing, bequest, inheritance, or otherwise howsoever;

(ii)

identifying each property sent out of

Malaysia by him during such period as may be specified in the notice;

(iii)

setting out the estimated value and location of each of the properties identified under subparagraphs (i) and

(ii)

, and if any of such properties cannot be located, the reason therefor;

(iv)

stating in respect of each of the properties identified under subparagraphs (i) and (ii)

whether the property is held by himself or

Dangerous Drugs (Forfeiture of Property) 43

any other person on his behalf, whether it has been transferred, sold to, or kept with any other person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;

(v)

setting all other information relating to his properties, business, travel, or other activities whatsoever, as may be specified in the notice; and

(vi)

setting out all his sources of income, earnings or assets;

(c)

require any public officer to produce or furnish any document, or a certified copy of any document, which is in his possession or under his control;

and

(d)

require any officer or employee of any bank or financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any bank or any financial institution, to furnish copies of any or all accounts, documents and records relating to any person to whom a notice can be or has been issued under paragraph (a) or (b).

(2)

Every person to whom a notice is sent by the Public

Prosecutor under subsection (1) shall, notwithstanding the provisions of any written law, whether enacted before or after the commencement of this Act, or of any oath, undertaking or requirement of secrecy to the contrary, or of any obligation under any contract, agreement or arrangement, whether express or implied, to the contrary, comply with the terms of the notice

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within such time as may be specified therein, and any person who wilfully neglects or fails so to comply with the same shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3)

Where any person discloses any such information or produces any such accounts or documents or articles, to the person so authorized, neither the first mentioned person nor any other person on whose behalf or direction or as whose agent or employee, the first mentioned person may be acting, shall, on account of such disclosure or production, be liable to any prosecution for any offence under or by virtue of any law, or to any proceeding or claim in any form or of any description by any person under or by virtue of agreement or arrangement, whether express or implied, or otherwise howsoever.

Public Prosecutor’s powers to request information from certain officers