Dangerous Drugs (Forfeiture of Property) Act 1988 · Updated to 1 Dec 2011 · Part VII · Assistance to a Foreign Country
50. Seizure and transmission of property or article
Official textFrom Laws of Malaysia Online, unchanged
A senior police officer may, on the direction of the Malaysian authority seize any property, or article, the seizure of which is requested by a foreign government or a foreign authority under section 43—
foreign government
―foreign government‖ means the government of a foreign country;
on the ground that the property is liable to forfeiture under the law of the foreign country;
or
on the ground that the property or article is required by the foreign government or foreign authority for the purpose of any drug-related matter either as evidence or otherwise howsoever.
Where any movable property, or article is seized under subsection (1), the Malaysian authority may transmit the same to the foreign government or the foreign authority on an undertaking by the foreign government to the Malaysian
Malaysian authority
―Malaysian authority‖ means the Inspector General of Police. Request for assistance and authority to render same
Dangerous Drugs (Forfeiture of Property) 73
Government that the same shall be returned to the Malaysian authority upon the final conclusion of all proceedings in the foreign country in the drug-related matter, unless the
drug-related matter
―drug-related matter‖ means any investigation, inquiry, trial, or other proceeding in any foreign country under any law relating directly or indirectly to dangerous drugs or to any property used for or derived from any activity relating to dangerous drugs, whether the same be for an offence under such law, or for the forfeiture of property under such law; Dangerous Drugs (Forfeiture of Property) 67
Malaysian Government then notifies the foreign government that it does not require its return.
Where any movable property, or article seized under paragraph (1)(b) is not transmitted to the foreign government or the foreign authority under subsection (2), or where it is returned to the Malaysian Government upon the final conclusion of all proceedings in the foreign country in the drug-related matter, the Malaysian authority shall return it to the person from whom it was seized unless it is required for the purpose of any prosecution or proceedings under this Act or under any other written law.
foreign authority
―foreign authority‖ means any person designated by a foreign government as an authority competent to act on behalf of the foreign government for the purposes of this Act;
Subsections 25(2) and (3), sections 26, 27, 28, 29, 30
and 31 shall, subject to the respective modifications set out in the third column of the Second Schedule, apply to a seizure of any property under subsection (1).
Upon the final conclusion of all proceedings in the foreign country in respect of the drug-related matter in relation to which any property was seized under paragraph
foreign country
―foreign country‖ means any country, territory or place outside Malaysia;
, the property shall, subject to subsections (6) and (7), be dealt with in accordance with the order of the authority or court in the foreign country which is empowered under the law of that country to make such order.
Where the order of the authority or court in the foreign country requires the property to be returned to any person in Malaysia, the property shall upon its return to the
Malaysian authority be returned to such person unless the
Malaysian authority requires such property for the purpose of any prosecution or proceedings under this Act or under any other written law.
Where the order of the foreign authority or the foreign court is a final order for the forfeiture of such property, it shall be deemed to be an order for the forfeiture
74
Laws of Malaysia ACT 340
of the same to the Malaysian Government made by a High
Court in Malaysia and shall be registered by a Registrar of a
High Court in Malaysia, and shall, accordingly, be dealt with in accordance with the provisions of this Act applicable to an order for forfeiture by a High Court made under Part III.
For the purposes of subsection (7), ―final order‖ means an order which is not subject to any appeal in the foreign country; and for the purposes of this definition, ―appeal‖
includes any proceeding in whatever form and howsoever styled in relation to the decision given at the level of original jurisdiction or a lower level of appellate jurisdiction and any proceeding in relation to a pardon or exercise of leniency by an executive authority in that foreign country.
No person shall be entitled to claim any compensation from the Malaysian Government or the foreign government or from any person or authority acting on behalf of the Malaysian
Government or the foreign government, or under the authority of Malaysian law or the law of the foreign country, in respect of any seizure or disposal or release of such property under
Malaysian law or the law of the foreign country.
The reference in subsection (1) to a senior police officer shall, in relation to the seizure of any property which is a business, be construed as a reference to a designated police officer.
Interception of communication
Terms defined in s 42
drug-related matter
Defined · s 42―drug-related matter‖ means any investigation, inquiry, trial, or other proceeding in any foreign country under any law relating directly or indirectly to dangerous drugs or to any property used for or derived from any activity relating to dangerous drugs, whether the same be for an offence under such law, or for the forfeiture of property under such law; Dangerous Drugs (Forfeiture of Property) 67
foreign authority
Defined · s 42―foreign authority‖ means any person designated by a foreign government as an authority competent to act on behalf of the foreign government for the purposes of this Act;
foreign country
Defined · s 42―foreign country‖ means any country, territory or place outside Malaysia;
foreign government
Defined · s 42―foreign government‖ means the government of a foreign country;
Malaysian authority
Defined · s 42―Malaysian authority‖ means the Inspector General of Police. Request for assistance and authority to render same
Part VIII