Malaysia legislation
Section 9
Section 9
(1)
If at the hearing of the application of the Public
Prosecutor under subsection 8(1), the High Court is satisfied that the application is made in accordance with the requirements of section 8, the Court shall issue a notice upon the liable person specified in the application (hereinafter in this Act referred to as the ―person affected‖) and annexing thereto the affidavit or affidavits referred to in subsection 8(2), and calling upon the person affected to attend before the High Court on a date
*NOTE—Previously referred to ―the Supreme Court‖–see section 46 of the Constitution
(Amendment) Act 1994 [Act A885].
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Laws of Malaysia ACT 340
specified in the notice, which shall not be less than thirty days from the date of the notice, to show cause why all or any of the properties identified under paragraph 8(2)(c), should not be forfeited.
(2)
A notice under subsection (1) shall, in addition to being served on the person affected, be published in the
Gazette on the same date on which it is issued, or as soon as practicable thereafter.
(3)
Where a notice to any person under subsection (1)
specifies any property as being held on behalf of such person by any other person, or as being transferred or sold to, or deposited or kept with, any other person, a copy of the notice shall be served upon such other person.
(4)
Where before a notice is issued under subsection (1)
the Public Prosecutor informs the High Court that the liable person referred to in his application has died regardless whether he died before or after the application was filed, and that no specification of a beneficiary or beneficiaries has been made by a Sessions Court under paragraph 7(1)(e), the notice shall be issued against the personal representative of such person, and where there is no personal representative, against such beneficiary or beneficiaries of his estate as may be specified by the High Court upon an application by the
Public Prosecutor, and after giving such beneficiary or beneficiaries an opportunity to be heard.
(5)
The Public Prosecutor may at any stage during the pendency of any proceedings under subsection (1), apply to the
Court for an amendment of the notice issued under that subsection—
(a)
by the exclusion there from of any property specified therein;
(b)
by the inclusion therein of any property not specified therein; or
Dangerous Drugs (Forfeiture of Property) 27
(c)
in any other respect, and the Court may, after giving the person affected an opportunity to be heard, make such order on the application as the Court deems just and proper, and where the Court grants the application, whether with or without modifications, it may give such directions in the matter as it may consider necessary, expedient or desirable.
Forfeiture of property in certain cases