Page:Malaysian Anti-Corruption Commission Act 2009.pdf/42

42 (7) Subsection (6) shall not bar, prevent or prohibit the institution of any prosecution for any offence—
 * (a) as provided by this section;
 * (b) of giving false evidence in relation to any statement on oath or affirmation furnished to an officer of the Commission of the rank of Commissioner and above pursuant to this section; or
 * (c) provided for in section 27.

Order not to part with, deal in, movable property in bank, etc.

37. (1) Where the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any movable property, including any monetary instrument or any accretion thereto, which is the subject matter of an offence under this Act or evidence in relation to the commission of such offence, is in the possession, custody or control of a bank, he may, notwithstanding any other written law or rule of law, by order direct the bank not to part with, deal in, or otherwise dispose of such property or any part thereof until the order is revoked or varied.

(2) A bank or any agent or employee of a bank shall not, on account of such compliance, be liable to any prosecution under or by virtue of any law or to any proceeding or claim by any person under or by virtue of any law or under or by virtue of any contract, agreement, or arrangement, or otherwise.

(3) A person who fails to comply with an order of the Public Prosecutor under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two times the amount which was paid out in contravention of the Public Prosecutor’s order or fifty thousand ringgit, whichever is the higher, and to imprisonment for a term not exceeding two years.

Seizure of immovable property

38. (1) Where the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any immovable