Malaysia legislation
Section 51
Section 51
(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 Public Prosecutor may by order direct that such immovable property be seized by the investigating officer.
(1A)
Where any immovable property is seized under this Act, the seizure shall be effected—
(a)
by the issue of a Notice of Seizure by the Public Prosecutor setting out in it the particulars of the immovable property which is seized in so far as such particulars are within his knowledge, and prohibiting all dealings in such immovable property;
(b)
by serving a copy of such Notice on the owner or person in possession, custody or control of the immovable property, if known;
(c)
by posting, where practicable, a copy of such Notice at a conspicuous place on the immovable property; and
82 Laws of Malaysia
(d)
by serving a copy of such Notice on the Land
Administrator or the Registrar of Titles, as the case may be, in Peninsular Malaysia, or on the Registrar of Titles or
Collector of Land Revenue, as the case may be, in Sabah, or on the Director of Lands and Surveys or the Registrar responsible for land titles, as the case may be, in Sarawak, of the area in which the immovable property is situated.
(2)
The Land Administrator, the Collector of Land Revenue, the
Director of Lands and Surveys, the Registrar of Titles or the Registrar responsible for land titles, as the case may be, referred to in subsection (1A) shall immediately upon being served with a Notice of
Seizure under that subsection endorse the terms of the Notice of
Seizure on the document of title in respect of the immovable property in the Register at his office.
(3)
Where an endorsement of a Notice of Seizure has been made under subsection (2), the Notice shall have the effect of prohibiting all dealings in respect of the immovable property, and after such endorsement has been made no dealing in respect of the immovable property shall be registered, regardless whether it was effected before or after the issue of such Notice or the making of such endorsement.
(4)
Subsection (3) shall not apply to a dealing effected by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Federal Government of Malaysia or the Government of a
State, or a local authority or other statutory authority.
(5)
Any person who contravenes subsection (2) or (3) or does any act which results in, or causes, a contravention of subsection (2) or (3)
commits an offence and shall, on conviction, be liable to a fine not exceeding five times the value of the property in respect of which the
Public Prosecutor’s order had been contravened, or five million ringgit, whichever is the higher, 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 five thousand ringgit for each day or part thereof during which the offence continues to be committed.
Anti-Money Laundering, Anti-Terrorism 83
Financing and Proceeds of Unlawful
Activities
(6)
Where a Notice of Seizure has been issued under subsection
(1A)
, a registered proprietor of the immovable property which is seized under such Notice, or any other person having any interest in such immovable property, who has knowledge of such Notice, and who knowingly enters into any agreement with any person to sell, transfer, or otherwise dispose of or deal with, the whole or any part of such immovable property, commits an offence and shall, on conviction, be liable to a fine not exceeding five times the value of such property, or five million ringgit, whichever is the higher, 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 five thousand ringgit for each day or part thereof during which the offence continues to be committed.
Special provisions relating to seizure of a business