Section 24 — DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988

(a)

intends to make an application to the High

Court under section 8 against any person;

(b)

intends to institute against any person any prosecution for an offence under section 3 or 4, or for an offence referred to in Item 1, 2, 3

or 4 of the First Schedule; or

(c)

has already instituted against any person any prosecution for an offence as mentioned in paragraph (b) and proceedings in respect of such prosecution are pending, the Public Prosecutor may, by order published in the

Gazette, name or describe such person and require the person so named or described to comply with such provisions as may be set out in the order.

(2)

For the purpose of paragraph (1)(c), proceedings in respect of a prosecution shall be regarded as pending where the decision of the court of original jurisdiction in which they are being held has not yet been delivered.

(3)

Without prejudice to the generality of subsection (1), the order referred to therein may require the person named or described in the order—

(a)

to disclose to the Public Prosecutor within such time as may be specified in the order the value, nature, whereabouts, and all other relevant particulars, of all properties, or any particular property, held by such person or by any relative or associate of his;

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(b)

to disclose to the Public Prosecutor within such time as may be specified in the order the value, nature, whereabouts, and all other relevant particulars, of all properties or any particular property, held by him or by any relative or associate of his during the five years preceding the date of the order, not being a period before the commencement of this Act;

(c)

not to deal with, expend or dispose of any property held by him without the prior written approval of the Public Prosecutor;

(d)

not to remove from or send out of Malaysia, or cause to be removed from or sent out of Malaysia, any property held by him without the prior written approval of the Public Prosecutor; or

(e)

not to leave Malaysia without the prior written approval of the Public Prosecutor, and to surrender all his travel documents, whether issued by the

Government of Malaysia or any other government, to the Director General of Immigration within one week of the publication of the order.

(4)

An order under subsection (1) may require all relatives and associates generally of the person named or described under subsection (1) in the order, or any particular class or description of his relatives or associates, or any particular relative or associate of his, specified in the order, to comply with such provisions as may be contained in the order, including provisions corresponding to paragraphs (3)(a), (b),

(c)

and (d) in relation to properties held by the relative or associate.

(5)

An order under subsection (1) may also require all persons generally, or any particular class or description of persons specified in the order, who hold, or any particular person specified in the order who holds, otherwise than as a purchaser in good faith for valuable consideration, any property in which any person named or described under

Dangerous Drugs (Forfeiture of Property) 47

subsection (1) in such order, has an interest or had an interest during the five years preceding the date of the order, not being a period before the commencement of this Act—

(a)

to disclose to the Public Prosecutor within the time specified in the order the value, nature, whereabouts, and all other relevant particulars of such property;

(b)

not to remove from or send out of Malaysia, or cause to be removed from or sent out of Malaysia, any such property without the prior written approval of the

Public Prosecutor; and

(c)

not to deal with, expend, or dispose of any such property without the prior written approval of the

Public Prosecutor.

(6)

Where an order has been made under subsection (1), the Public Prosecutor may by notice in writing require any person to whom the order applies to make all such disclosures, or give all such information, or to do or refrain from doing any particular act, in relation to any property affected by the order for the purpose of securing compliance with the order by any person to whom the order applies, and any such notice shall be without prejudice to the liability under subsection (7) of the person to whom the notice is issued for failure to comply with any provision of the order, whether or not such provision is affected by the notice.

(7)

Where an order has been published under subsection

(1)

, it shall as from the date of such publication, be an offence for any person to—

(a)

contravene any requirement, direction, term or other provision of the order or of any notice issued under subsection (6);

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(b)

conceal, hide, destroy or alter any object, article, material or thing, or accounts, books or other documents, or any entries therein, of or relating to any person or property affected by the order;

(c)

remove from or send out of Malaysia or cause to be removed from or sent out of Malaysia, anything referred to in paragraph (b) without the prior written approval of the Public Prosecutor;

and

(d)

deal with, expend, dispose of, or remove from or send out of Malaysia, or cause to be dealt with, expended, disposed of, or removed from or sent out of Malaysia, any property affected by the order, without the prior written approval of the

Public Prosecutor, and any person who commits such offence shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.

(8)

Any dealing, contract, or other thing whatsoever, effected, done, or entered into, by any person or between any persons after the publication of an order under subsection (1)

in respect of any property affected by such order, except any dealing effected under this Act by a public officer in his capacity as such officer, or otherwise by or on behalf of the

Government of Malaysia, or the Government of a State, or a local authority or other statutory body, shall be null and void, and shall not be registered or otherwise howsoever given effect to by any person or authority.

(9)

For so long as an order under subsection (1) remains in force no action, suit or other proceeding of a civil nature shall be instituted or if they are already pending, be maintained or continued in any court or before any other authority against the person named or described under subsection (1) in such

Dangerous Drugs (Forfeiture of Property) 49

order, or in respect of any property affected by such order, and no attachment, execution or other similar process shall be commenced, or if any such process is pending, be maintained or continued, against such person or in respect of such property on account of any claim, judgment or decree, regardless whether such claim was made, or such judgment or decree was given, before or after such order was made and published under subsection (1), except at the instance of the

Government of Malaysia, or the Government of a State, or at the instance of a local authority or other statutory body, or except with the prior consent in writing of the Public

Prosecutor.

(10)

An order under subsection (1)—

(a)

shall, in the case of an order against a person referred to in paragraph (1)(a), cease to remain in force if no application to the High Court under section 8

is filed by the Public Prosecutor in the High Court against such person within fourteen days of the date of publication of the order;

(b)

shall, in the case of an order against a person referred to in paragraph (1)(b), cease to remain in force if such person is not charged in court for an offence under section 3 or 4, or an offence referred to in Item 1, 2, 3 or 4 of the First

Schedule, within fourteen days of the date of publication of the order;

(c)

shall cease to remain in force if the High Court records a finding under subsection 10(4) that the person named in the order under subsection (1) is not a liable person, or in the case of a person prosecuted for an offence as aforesaid, if he is finally acquitted of the offence; and

(d)

shall cease to apply to any property in respect of which the High Court records a finding under subsection 10(4) that it is not illegal property,

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and the Public Prosecutor shall publish in the Gazette a notification of every such cessation within ten days of the cessation taking effect.

(11)

The Public Prosecutor may at any time amend or revoke an order under subsection (1), but any such revocation shall not be a bar to any fresh order being made under subsection (1) at any time thereafter against any person to whom the earlier order applied or in respect of any property affected by the earlier order.

(12)

A notification under subsection (10) or a revocation or amendment of an order under subsection (11) may contain provisions in respect of any matter which is consequential, ancillary or incidental to such notification, revocation or amendment.

(13)

Where an order under subsection (1) ceases to remain in force, or ceases to apply to any property under subsection

(10)

such cessation shall not be a bar to any fresh order under subsection (1) being made at any time thereafter against any person to whom the earlier order applied, or in respect of any property affected by the earlier order, provided such fresh order relates to a fresh application or a fresh prosecution as is referred to in subsection (1).

Seizure of movable property