Malaysia legislation
Section 50
of ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (AMENDMENT) ACT 2014
Section 50
Section 56 of the principal Act is amended—
(a)
by substituting for subsection (1) the following subsection:
“(1) Subject to section 61, where in respect of any property seized under this Act there is no prosecution or conviction for an offence under subsection 4(1) or a terrorism financing offence, the Public Prosecutor may, before the expiration of twelve months from the date of the seizure, or where there is a freezing order, twelve months from the date of the freezing, apply to a judge of the High Court for an order of forfeiture of that property if he is satisfied that such property is—
(a)
the subject-matter or evidence relating to the commission of such offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence.”;
(b)
in subsection (2), by substituting for paragraph (a) the following paragraph:
“(a) that the property is—
(i)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(ii)
terrorist property;
(iii)
the proceeds of an unlawful activity; or
(iv)
the instrumentalities of an offence; and”;
and
(c)
by substituting for subsection (4) the following subsection:
“(4) In determining whether the property is—
(a)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence, the court shall apply the standard of proof required in civil proceedings.”.
New section 56a