Chemical Weapons Convention Act 2005 · Updated to 1 Nov 2021 · Part VI · Enforcement
47. Forfeiture of chemical weapons, etc.
Feedback & supportAll chemical weapons, riot control agents and toxic chemicals listed in Schedules 1, 2 and 3, together with any receptacle, package, conveyance or other article in which the chemical weapons, riot control agents and toxic chemicals are stored, kept or found, record, book, account, document or computerized data seized in the exercise of any power conferred under this Act are liable to forfeiture.
conveyance
“conveyance” includes any ship, train, vehicle and aircraft and any other means of transport by which persons or goods can be carried;
The court trying any person accused of an offence under this
Act may at the conclusion of the trial, whether he is convicted or not, order that the chemical weapons, riot control agents and toxic chemicals listed in Schedules 1, 2 and 3, together with any receptacle, package, conveyance or other article in which the chemical weapons, riot control agents and toxic chemicals are stored, kept or found, record, book, account, document or computerized data seized from that person be destroyed.
Where there is no prosecution with regard to any chemical weapons, riot control agents and toxic chemicals listed in Schedules 1, 2 and 3, the chemical weapons, riot control agents and toxic chemicals listed in Schedules 1, 2 and 3, together with any receptacle, package, conveyance or other article in which the chemical weapons, riot control agents and toxic chemicals are stored, kept or found, record, book, account, document or computerized data shall be taken and deemed to be forfeited at the expiration of one calendar month from the date they were seized unless a claim is made before that date in the manner set out in subsections (4), (5) and (6).
A claim under subsection (3) can only be made in respect of toxic chemicals listed in Schedules 1, 2 and 3, records, books, accounts, documents or computerized data.
Any person asserting that he is the owner of any toxic chemicals listed in Schedules 1, 2 and 3, books, documents or computerized data seized under this Act and that the toxic chemicals, records, books, accounts, documents or computerized data are not liable to forfeiture may personally or by his agent authorized in writing by him, give notice to the seizing officer of his claim.
38 Laws of Malaysia ACT 641
On receipt of a notice under subsection (5), the seizing officer shall refer the matter to the Sessions Court for decision.
The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the toxic chemicals listed in Schedules 1, 2 and 3, records, books, accounts, documents or computerized data and the person from whom they were seized to appear before the court and upon their appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter, and on proof that an offence under this Act has been committed and that such toxic chemicals, records, books, accounts, documents or computerized data were the subject-matter of or were used in the commission of such offence, shall order the toxic chemicals, books, documents or computerized data to be forfeited or may, in the absence of such proof, order the release of such toxic chemicals, books, documents or computerized data to the person entitled to them.
Any chemical weapon, riot control agent or toxic chemical listed in Schedule 1, 2 or 3, together with any receptacle, package, conveyance or other article in which the chemical weapon, riot control agent or toxic chemical is stored, kept or found, record, book, account, document or computerized data forfeited or deemed to be forfeited shall be delivered to the National Authority who shall dispose of it in any manner it deems fit.
chemical weapon
“chemical weapon” means the following, together or separately: (a) toxic chemicals, except where intended for purposes not prohibited under the Convention as long as the types and quantities are consistent with such purposes; (b) munitions and devices specifically designed to cause death or other harm through the toxic properties of the toxic chemicals specified in paragraph (a) which would be released as a result of the employment of such munitions and devices; (c) any equipment specifically designed for use directly in connection with the employment of the munitions and devices specified in paragraph (b);