Malaysia legislation
Section 7
Section 7
(a)
every person—
(i)
who has been finally convicted of an offence under section 3, 4, or subsection 24(7), or under a foreign law corresponding to these sections, or of a Scheduled offence, committed a t a n y t i m e a f t e r t h e commencement of this Act;
(ii)
who is or was detained after the commencement of this Act pursuant to an order of detention or restriction made under any law, in respect of any activity relating to or involving the trafficking in any dangerous drug:
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Provided that the activity forming the ground of detention took place after the commencement of this Act;
(iii)
who holds, conceals, receives, or uses or causes or allows to be used, any illegal property, knowing or having reason to believe the same to be illegal property;
(b)
every relative of a person referred to in paragraph
(a)
;
(c)
every associate of a person referred to in paragraph (a);
(d)
any holder, whether or not a relative as is referred to in paragraph (b), or an associate as is referred to in paragraph (c), (hereinafter in this paragraph referred to as the ―present holder‖) of any property which was at any time previously held by a person referred to in paragraph (a) unless the present holder or, as the case may be, any one who held such property after the person referred to in paragraph (a) and before the present holder, is or was a purchaser of the property in good faith for valuable consideration;
(e)
where a person referred to in paragraph (a), (b),
(c)
or (d) is deceased, his personal representative, or, where there is no personal representative, such person or persons having a beneficial interest in the estate of the deceased as may be specified by a
Sessions Court upon application by the Public
Prosecutor and after the Sessions Court has given an opportunity to such person or persons to be heard in the matter.
(2)
A person shall be a relative, associate, or holder, as is referred to in paragraph (1)(b), (c) or (d) respectively, if he is or was at any time such relative, associate or holder, and
Dangerous Drugs (Forfeiture of Property) 23
regardless whether he became such relative, associate, or holder in relation to the person referred to in paragraph (a)
before or after the person referred to in paragraph (a) became a liable person.
(3)
No proceedings against a liable person shall be instituted under this Part if there is pending against him in any court in Malaysia 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, and where during the pendency in the
High Court of proceedings against a liable person under this
Part there is instituted against him in a court in Malaysia any prosecution for any of the aforesaid offences, the proceedings in the High Court under this Part shall be stayed until the proceedings in respect of such prosecution have been finally concluded in the court of original jurisdiction or, where there is an appeal, in the court of final appellate jurisdiction.
(4)
Where any proceedings in the High Court against a liable person under this Part are prohibited from being instituted, or are stayed, under subsection (3) such prohibition or stay shall not—
(a)
affect any earlier seizure of any property, or any earlier order of the Public Prosecutor, under Part
IV, or any other earlier exercise by a police officer or the Public Prosecutor of any of his powers under Part IV, arising out of such person being a liable person, and such seizure or such order, or such exercise of powers, as the case may be, shall continue to remain in full force and effect during the pendency of the prosecution and thereafter until the final conclusion of the proceedings under this Part; or
(b)
prevent the further or continued exercise, or the fresh exercise, by a police officer or the Public
Prosecutor of this respective powers under Part IV arising out of such person being a liable person.
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Laws of Malaysia ACT 340
Application to the High Court