Malaysia legislation

Section 82

of *ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001

Section 82

(a)

on the high seas on board any ship or on any aircraft registered in Malaysia;

(b)

by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;

(c)

by any citizen or any permanent resident in any place outside and beyond the limits of Malaysia;

(d)

by any person against a citizen of Malaysia;

(e)

by any person against property belonging to, or operated or controlled by, in whole or in part, the Government of

Malaysia or the Government of any State in Malaysia, including diplomatic or consular premises of Malaysia, any citizen of Malaysia, or any corporation created by or under the laws of Malaysia located outside Malaysia;

(f)

by any person to compel the Government of Malaysia or the Government of any State in Malaysia to do or refrain from doing any act;

Anti-Money Laundering, Anti-Terrorism 119

Financing and Proceeds of Unlawful

Activities

(g)

by any stateless person who has his habitual residence in

Malaysia;

(h)

by any person against or on board a fixed platform while it is located on the continental shelf of Malaysia; or

(i)

by any person who after the commission of the offence is present in Malaysia, may be dealt with as if it had been committed at any place within

Malaysia.

(2)

Notwithstanding anything in this Act, no charge as to any offence shall be inquired into in Malaysia unless a diplomatic officer of Malaysia, if there is one, in the territory in which the offence is alleged to have been committed certifies that, in his opinion, the charge ought to be brought in Malaysia; and where there is no such diplomatic officer, the sanction of the Public Prosecutor shall be required.

(3)

Any proceedings taken against any person under this section which would be a bar to subsequent proceedings against that person for the same offence if the offence had been committed in Malaysia shall be a bar to further proceedings against him under any written law relating to extradition or the surrender of fugitive criminals in force in

Malaysia in respect of the same offence in any territory beyond the limits of Malaysia.

(4)

For the purposes of this section, the expression “permanent resident” has the meaning assigned by the Courts of Judicature Act 1964 [Act 91].

Power to issue guidelines, etc.

Section 82 — ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001