Malaysia legislation
Section 27
Section 27
(a)
is being carried on by or on behalf of any person against whom prosecution for an offence under section 3, 4, or subsection 24(7) of this Act or any proceeding under Part III is intended to be commenced;
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Laws of Malaysia ACT 340
(b)
is being carried on by or on behalf of a relative or an associate of such person;
(c)
is a business in which such person, or a relative or associate of his has an interest which amounts to or carries a right to not less than thirty per centum of the entire business;
(d)
is a business over which such person, his relative or associate has management or effective control, either individually or together, such designated police officer may do any or all of the following things:
(aa) seize the business in the manner provided under this Part;
(bb) by an order in writing—
(i)
direct the extent and manner in which the business may be carried on;
(ii)
specify a public officer or officers by name or office to supervise, direct or control the business, including its accounts, or to carry on the business or such part of it as may be specified;
(iii)
direct that all or any proportion of the proceeds or profits of the business be paid to the Public Trustee and retained by him pending further directions in respect thereof by the designated police officer;
(iv)
prohibit any director, officer or employee from being in any manner involved in the business with effect from the date of the letter of prohibition; or
Dangerous Drugs (Forfeiture of Property) 55
(v)
direct that the premises where the business was carried on to be closed and, if necessary or expedient, placed under guard or custody.
(2)
Where the public officer in respect of whom an order intended to be made under subsection (1) is other than a police officer, such order shall not be made in relation to him except, in the case of a member of the public service, with the consent of the Secretary General of the Ministry in which the public officer is serving, and in the case of any other public officer, with the consent of the executive head of the authority, body or organization in which he is employed.
(3)
Where an order is made by a designated police officer under paragraph (1)(bb), he may include in the order, or give subsequently thereto either in writing or orally, any direction of an ancillary or consequential nature, or which may be necessary, for giving effect to, or for the carrying out of, the order.
(4)
An order under paragraph (1)(bb) may at any time be varied or revoked by a designated police officer and where he so varies or revokes it, he may give any direction of an ancillary or consequential nature, or which may be necessary, for giving effect to, or for the carrying out of, such variation or revocation.
(5)
Save as otherwise provided in subsection (6), neither the Government nor any public officer shall, in consequence of any order under subsection (1) be responsible for the payment of any moneys, dues, debts, liabilities or charges whatsoever payable to any person in respect of the business, or in respect of any movable or immovable property owned, possessed, occupied or used, by any person in relation to the business.
(6)
Where a public officer or officers are carrying on any activities of the business in pursuance of an order under
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Laws of Malaysia ACT 340
subparagraph (1)(bb)(ii), they shall be responsible for the payment of the wages of such employees of the business as are engaged in performing any work in relation to those activities for the period during which such public officer or officers carry on those activities, and such wages shall be paid out of the profits derived from such activities, or, if there are no such profits or if such profits are insufficient, from the proceeds derived from such activities, or if there are no such proceeds or if such proceeds are insufficient, from the assets and properties of the business; ―wages‖ in this subsection means the wages payable under the contract of employment between the employee and the business.
(7)
The provisions of this section shall have effect notwithstanding anything inconsistent or in conflict therewith, or contrary thereto, contained in this Act.
Seizure of immovable property