Malaysia legislation

Section 16A

of COMMON GAMING HOUSES ACT 1953

Section 16A

(2)

An order for the forfeiture or for the release of any gaming machine seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard to it has been held and an order for the forfeiture of the gaming machine shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the gaming machine was the subject-matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.

(3)

If there is no prosecution with regard to any gaming machine seized in exercise of any power conferred under this Act, such gaming machine shall be taken and deemed to be forfeited at the expiration of fourteen days from the date of service of a notice to the last-known address of the person from whom the gaming machine was seized indicating that there is no prosecution in respect of such gaming machine, unless before that date a claim to the gaming machine is made in the manner specified in subsections (4), (5)

and (6).

(4)

Any person asserting that he is the owner of the gaming machine referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the Officer in Charge of a Police District that he claims the gaming machine.

(5)

Upon receipt of the notice referred to in subsection (4), the

Officer in Charge of a Police District shall refer the matter to a

Magistrate for a decision.

(6)

The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the gaming machine and the person from whom it was seized, to appear before him and on their appearance or default to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such gaming machine was the subject-matter of or was used in the commission of such offence, shall order the gaming machine to be forfeited and shall in the absence of such proof, order its release.

(7)

Any gaming machine forfeited or deemed to be forfeited shall be delivered to the Officer in Charge of a Police District and shall be disposed of in accordance with the directions of the

Magistrate.

(8)

The Officer in Charge of a Police District shall not be liable to any person for any damage, however caused, to a gaming machine seized under this Act.

Search warrant against persons