Malaysia legislation
Section 46
Section 46
(2)
Where it is not practicable, or it is otherwise not desirable, to remove any property under subsection (1), the investigating officer may leave it at the premises in which it is seized under the custody of such person as he may determine for the purpose.
(3)
Notwithstanding subsection (1), when any movable property, including any movable property referred to in subsection (6), has been seized under this Act, an investigating officer, other than the
Anti-Money Laundering, Anti-Terrorism 73
Financing and Proceeds of Unlawful
Activities investigating officer who effected the seizure, upon obtaining approval from an investigating officer senior in rank to him, may—
(a)
temporarily return the movable property to its owner, or to the person from whose possession, custody or control it was seized, or to such person as may be entitled to it, subject to such terms and conditions as may be imposed, and subject in any case, to sufficient security being furnished to ensure that the movable property shall be surrendered on demand being made by the investigating officer who authorized the release and that such terms and conditions, if any, shall be complied with; or
(b)
return the movable property to the owner, or to the person from whose possession, custody or control it was seized, or to such person as may be entitled to the movable property, with liberty for the person to whom the movable property is so returned to dispose of the movable property, such return being subject to security being furnished in an amount which is not less than an amount which represents the open market value of that property on the date on which it is so returned.
(4)
Where any person to whom movable property is temporarily returned under paragraph (3)(a) fails to surrender the movable property on demand or comply with any term or condition imposed under that paragraph—
(a)
the security furnished in respect of such movable property shall be forfeited; and
(b)
that person commits an offence and shall, on conviction, be liable to a fine of not less than five times the amount of the security furnished by him or to imprisonment for a term not exceeding seven years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part
74 Laws of Malaysia thereof during which the offence continues to be committed.
(5)
Where an order of forfeiture is made by the court in respect of movable property returned under paragraph (3)(b), such forfeiture shall be effected by forfeiting the security furnished by the person to whom the property was returned.
(6)
When any movable property seized under this Act consists of money, capital market products or any chose-in-action in the possession or under the custody or control of any person other than the person against whom the prosecution is intended to be taken, the seizure shall be effected by an investigating officer serving an order on such person—
(a)
prohibiting him from using, transferring, or dealing with such property; or
(b)
requiring him to surrender the property to an investigating officer in the manner and within the time specified in the order.
(7)
Where any movable property seized is liable to speedy decay or deterioration, or is property which cannot be maintained without difficulty, or which is not practicable to maintain, and which cannot be dealt with under subsection (3), an investigating officer may sell or cause the property to be sold and shall hold the proceeds of the sale, after deducting the costs and expenses of the maintenance and sale of the movable property, to abide by the result of any proceedings under this Act.
(8)
Any seizure order made under this Act may at any time be varied or revoked by the enforcement agency with the consent of the
Public Prosecutor and the Public Prosecutor may give any direction of an ancillary or consequential nature, or which may be necessary, for giving effect to, or for the carrying out of, such variation or revocation.
Anti-Money Laundering, Anti-Terrorism 75
Financing and Proceeds of Unlawful
Activities
Advocates and solicitors to disclose information