Malaysia legislation
Section 52
Section 52
(a)
is being carried on by or on behalf of any person against whom prosecution for an offence under subsection 4(1) or a terrorism financing offence is intended to be commenced;
(b)
is being carried on by or on behalf of a relative or an associate of such person;
(c)
is a business in which such person, or a relative or associate of his, has an interest which amounts to or carries a right to not less than thirty per centum of the entire business; or
(d)
is a business over which such person or his relative or associate has management or effective control, either individually or together,
84 Laws of Malaysia the enforcement agency may seize the business in the manner provided under this Part or by an order in writing—
(aa) direct the extent and manner in which the business may be carried on;
(bb) specify any person to supervise, direct or control the business, including its accounts, or to carry on the business or such part of it as may be specified;
(cc)
direct that all or any proportion of the proceeds or profits of the business be paid to the Accountant
General and retained by him pending further directions in respect of it by the enforcement agency;
(dd)
prohibit any director, officer or employee or any other person from being in any manner involved in the business with effect from the date of the letter of prohibition; or
(ee) direct that the premises where the business was carried on to be closed and, if necessary or expedient, placed under guard or custody.
(1A)
The investigating officer effecting the seizure shall send a notice of the seizure to the Public Prosecutor forthwith.
(2)
Where an order is made by an enforcement agency under subsection (1), it may include in the order, or may subsequently give any further direction orally or in writing of an ancillary or consequential nature, or which may be necessary, for giving effect to, or for the carrying out of, the order.
(3)
An order under subsection (1) may at any time be varied or revoked by an enforcement agency and where it so varies or revokes the order, it 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 85
Financing and Proceeds of Unlawful
Activities
(4)
Subject to subsection (5), neither the Federal Government nor any person shall, in consequence of any order under subsection (1) be responsible for the payment of any money, dues, debts, liabilities or charges payable to any person in respect of the business, or in respect of any movable or immovable property owned, possessed, occupied or used, by any person in relation to the business.
(5)
Where a person is carrying on any activities of the business in pursuance of an order under subsection (1), he shall be responsible for the payment of the wages of such employees of the business as are engaged in performing any work in relation to those activities for the period during which such person carries on those activities and such wages shall be paid out of the profits derived from such activities or, if there are no such profits or if such profits are insufficient, from the assets and the properties of the business.
(6)
Any person who contravenes this section commits an offence and shall on conviction be liable to a fine not exceeding five million ringgit 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.
Expiry of seizure order