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Part VI · Freezing, Seizure and Forfeiture

56. Forfeiture of property where there is no prosecution

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(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 4A(2), a terrorism financing offence or a restricted activity financing offence, the Public Prosecutor may apply to a judge of the High Court for an order of forfeiture of the property—

(a)

in the case of no prosecution, before the expiration of eighteen months from the date of the seizure order, or where there is a freezing order, eighteen months from the date of the freezing order; or

(b)

in the case of no conviction, within the period of three months from the date of no conviction.

(1A)

The Public Prosecutor in making an application under subsection (1) shall be satisfied that the property is—

(a)

the subject-matter or evidence relating to the commission of such offence;

(b)

terrorist property;

(c)

proliferator property;

(d)

the proceeds of an unlawful activity; or

(e)

the instrumentalities of an offence.

(2)

The judge to whom an application is made under subsection (1)

shall make an order for the forfeiture of the property if he is satisfied—

(a)

that the property is—

(i)

the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or 4A(2), a terrorism financing offence or a restricted activity financing offence;

90 Laws of Malaysia

(ii)

terrorist property;

(iia) proliferator property;

(iii)

the proceeds of an unlawful activity; or

(iv)

the instrumentalities of an offence; and

(b)

that there is no purchaser in good faith for valuable consideration in respect of the property.

(3)

Any property that has been seized and in respect of which no application is made under subsection (1) shall, at the expiration of eighteen months from the date of its seizure, be released to the person from whom it was seized.

(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 4A(2), a terrorism financing offence or a restricted activity financing offence;

(b)

terrorist property;

(ba)

proliferator 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.

Report

Read on from s 56A

Part VII

Miscellaneous

Read on from Part VII

Schedules