Malaysia legislation
Section 34
Section 34
(2)
An order for the forfeiture of the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article 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 scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject-matter of or was used in the commission of the offence, even though no person has been convicted of such offence.
(3)
If there is no prosecution with regard to any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, such scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last known address of the person from whom the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article was seized indicating that there is no prosecution in respect of such scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4),
(5)
, (6) and (7).
(4)
Any person asserting that he is the owner of the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article 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 enforcement officer in whose possession such scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article is held that he claims the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article.
34 Laws of Malaysia
(5)
On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the claim to a Magistrate of the First
Class for his 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 scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom it was seized to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.
(7)
If it is proved that an offence under this Act has been committed and that the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (6) was the subject-matter of or was used in the commission of such offence, the Magistrate shall order the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited, and shall, in the absence of such proof, order its release.
(8)
Any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the Management Authority and shall be disposed of in such manner as the Management Authority thinks fit, including repatriation under subsection (9) if the
Management Authority so decides.
(9)
When a decision of repatriation is made under this Act in respect of any scheduled species which has been imported or introduced from the sea into Malaysia in contravention of this Act, and the scheduled species was brought into Malaysia in a conveyance, the owner or importer of the scheduled species or his agent shall, if required in writing by the Management Authority, provide or be responsible for—
(a)
free passage for the return of the scheduled species to the place at which the scheduled species was shipped to
Malaysia, or to any other port or place designated by the
Management Authority; and
International Trade in Endangered Species 35
(b)
proper maintenance and housing of the scheduled species during the voyage, flight or journey.
(10)
No person shall be liable under subsection (9) unless the decision of repatriation has been made by the Management Authority within—
(a)
where there are no proceedings instituted, twelve months from the date on which the scheduled species was imported or introduced from the sea into Malaysia; or
(b)
six months from the date proceedings for the offence in connection with such importation or introduction from the sea into Malaysia are concluded.
(11)
Any person who contravenes subsection (9) commits an offence and shall, on conviction, be liable—
(a)
where such person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both;
(b)
where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit.
Property in forfeited scheduled species, etc.