Page:Malaysian Anti-Corruption Commission Act 2009.pdf/36

36 :(b) return the movable property to the owner thereof, or to the person from whose possession, custody or control it was seized, or to such person as may be entitled thereto, with liberty for the person to whom the movable property is so returned to dispose of the property, such return being subject to security being furnished in an amount not less than an amount which represents the open market value of such property on the date on which it is so returned.

(4) Where any person to whom movable property is temporarily returned under paragraph (3)(a) fails to surrender such property on demand or comply with any term or condition imposed under that paragraph—
 * (a) the security furnished in respect of such property shall be forfeited; and
 * (b) that person commits an offence and shall on conviction be liable to a fine of not less than two times the amount of the security furnished by him, and to imprisonment for a term not exceeding two years.

(5) Where an order of forfeiture is made by the court in respect of property returned under paragraph (3)(b), such forfeiture shall be effected by forfeiting the security furnished by the person to whom the property was returned.

(6) When any movable property seized under this Act consists of money, shares, securities, stocks, debentures or any chose-inaction, in the possession or under the custody or control of any person other than the person against whom the prosecution is intended to be taken, the seizure shall be effected by an officer of the Commission of the rank of Assistant Superintendent or above serving an order on such person—
 * (a) prohibiting him from using, transferring, or dealing with such property; or
 * (b) requiring him to surrender the property to an officer of the Commission of the rank of Assistant Superintendent or above in the manner and within the time specified in the order.

(7) Where any movable property seized is liable to speedy decay or deterioration, or is property which cannot be maintained without difficulty, or which is not practicable to be maintained, and which cannot be dealt with under subsection (3), an officer