Malaysia legislation
Section 61
Section 61
(2)
The court making the order of forfeiture under subsection 28L(1) or section 55 or the judge to whom an application is made under subsection 28L(2) or 56(1) shall cause to be published a notice in the
Gazette calling upon any third party who claims to have any interest in the property to attend before the court on the date specified in the notice to show cause as to why the property shall not be forfeited.
(3)
A third party’s lack of good faith may be inferred, by the court or an enforcement agency, from the objective circumstances of the case.
(4)
The court or enforcement agency shall return the property to the claimant when it is satisfied that—
(a)
the claimant has a legitimate legal interest in the property;
(b)
no participation, collusion or involvement with respect to the offence under subsection 4(1) or Part IVA, or a terrorism financing offence which is the object of the proceedings can be imputed to the claimant;
96 Laws of Malaysia
(c)
the claimant lacked knowledge and was not intentionally ignorant of the illegal use of the property, or if he had knowledge, did not freely consent to its illegal use;
(d)
the claimant did not acquire any right in the property from a person proceeded against under circumstances that give rise to a reasonable inference that any right was transferred for the purpose of avoiding the eventual subsequent forfeiture of the property; and
(e)
the claimant did all that could reasonably be expected to prevent the illegal use of the property.
Disposition of forfeited property