Malaysia legislation
Section 2
Seksyen 2
Kanun Tatacara Jenayah [Akta 593], yang disebut “Kanun”
dalam Akta ini, dipinda dengan memasukkan selepas seksyen 116c seksyen yang berikut:
“Power to seize or prohibit dealing in money 116d. (1) Any police officer not below the rank of Sergeant may seize or prohibit the dealing in, any money held or
Undang-Undang Malaysia 4
Akta A1722
suspected to be held in any payment instrument or any account at a financial institution in respect of which—
(a)
the police officer has reasonable cause to suspect that an offence has been committed;
(b)
the police officer has reasonable cause to suspect that the money has been used or is intended to be used to commit an offence; or
(c)
the police officer has reasonable cause to believe that the money constitutes evidence of an offence.
(2)
For the purpose of seizing or prohibiting the dealing in any money under subsection (1), the police officer may by written order—
(a)
direct any person who has the possession, custody or control of the money to deliver the money to any police officer; or
(b)
direct any person who has the possession, custody or control of the money not to allow any dealing in respect of the money for such period as may be specified in the written order.
(3)
Where any money held by any person who has the possession, custody or control is subject to a written order made by a police officer under subsection (2), any interest or other earnings derived from such money may be credited into the payment instrument or account at a financial institution after the date on which the written order was made and shall be deemed to be subjected to the written order.
(4)
Any person who has the possession, custody or control of the money who fails to comply with the written order made under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
(5)
The written order issued under subsection (2) may be varied or revoked by a Sessions Court on the application of the person named or described in the written order.
Kanun Tatacara Jenayah (Pindaan)
(6)
In considering the application under subsection (5), the Sessions Court shall have regard to—
(a)
the payment of debts incurred in good faith and due to any creditor before the making of the written order under subsection (2); and
(b)
the provision of an allocation for reasonable subsistence and other expenses of the person named or described in the written order, his family or employees.
(7)
The written order issued under subsection (2) shall cease to have effect after the expiration of eighteen months from the date of the written order if no prosecution for any offence under any written law is instituted with regard to such money.”.
Pindaan Jadual Pertama