Malaysian Cocoa Board (Incorporation) Act 1988 · Updated to 1 Jan 2013 · Part V
23L. Claim for seized cocoa, etc.
Official textFrom Laws of Malaysia Online, unchanged
A person who asserts that he is the owner of the cocoa or the proceeds of sale of the cocoa, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection 23K(3) and that it is not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to the authorized officer in whose custody it is held that he claims the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article.
cocoa
“cocoa” means the plant of the genus Theobroma or any related genus or species or any hybrids or clones of the genus or species, plants resulting from the crossing of these species, hybrids or clones with any other species, hybrids or clones of plants, and genetically engineered versions of these species, hybrids or clones, and includes cocoa beans and cocoa products;
Malaysian Cocoa Board (Incorporation) 35
On receipt of the notice referred to in subsection (1), the authorized officer shall refer the matter to the Director General who may direct that the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article be released or may direct the authorized officer, by information in writing, to refer the matter to a Magistrate.
authorized officer
“authorized officer” means— (a) an officer of the Board authorized under section 23A; (b) a police officer not below the rank of Inspector; or (c) an officer of customs;
The Magistrate to whom a matter is referred under subsection (2) shall issue a summons requiring the Board and the person asserting that he is the owner of the cocoa or the proceeds of sale of the cocoa, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article was seized to appear before the Magistrate and on their appearance or default to appear, due service of the summons having been proved, the
conveyance
“conveyance” means any mode of transport, whether by air, sea or land;
Magistrate shall proceed to the examination of the matter.
If it is proved that an offence under this Act has been committed and that the cocoa, conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject matter of or was used in the commission of such offence, the
Magistrate shall order the cocoa or the proceeds of sale of the cocoa, or the conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited, and shall in the absence of such proof order its release.
Any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the directions of the Magistrate.
The Board shall not be liable to any person for any deterioration, no matter how arising, in the quality of any cocoa seized under this Act.
36 Laws of Malaysia ACT 343
Terms defined in s 2
authorized officer
Defined · s 2“authorized officer” means— (a) an officer of the Board authorized under section 23A; (b) a police officer not below the rank of Inspector; or (c) an officer of customs;
cocoa
Defined · s 2“cocoa” means the plant of the genus Theobroma or any related genus or species or any hybrids or clones of the genus or species, plants resulting from the crossing of these species, hybrids or clones with any other species, hybrids or clones of plants, and genetically engineered versions of these species, hybrids or clones, and includes cocoa beans and cocoa products;
conveyance
Defined · s 2“conveyance” means any mode of transport, whether by air, sea or land;
Director General
Defined · s 2“Director General” means the Director General of the Board appointed under section 15;
Part VI