advantage or avoid any evil of a temporal nature
in reference to the proceeding against him; or
(ii) in the case of a statement made by the person after his arrest, unless the court is satisfied that a caution was administered to him in the following words or words to the like effect:
“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence.”; and
(b) if made by any person before there is time to caution him, shall not be rendered inadmissible in evidence merely by reason of no such caution having been administered if it has been administered as soon as possible.
(3) Notwithstanding anything to the contrary contained in any written law, a person charged for an offence to which subsection (1) applies shall not be bound to answer any question relating to the case after a caution under subsection (2) has been administered to him.
Forfeiture of goods, etc., seized
131. (1) Any goods, thing, book, document, record or other article seized in exercise of any power conferred under this Act shall be liable to forfeiture.
(2) An order for the forfeiture or for the release of any goods, thing, book, document, record or other article seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the goods, thing, book, document, record 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 goods, thing, book, document, record or other article was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.
82 Laws of Malaysia ACT 599
(3) If there is no prosecution with regard to any goods, thing, book, document, record or other article seized in exercise of any power conferred under this Act, such goods, thing, book, document, record or other article shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of a notice to the last known address of the person from whom the goods, thing, book, document, record or other article was seized indicating that there is no prosecution in respect of such goods, thing, book, document, record or other article, unless before that date a claim thereto is made in the manner set out in subsections (4), (5) and (6).
(4) Any person asserting that he is the owner of the goods, thing, book, document, record or other article referred to in subsection (3) and that they are not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the Assistant Controller in whose custody such goods, thing, book, document, record or other article is held that he claims the same.
(5) On receipt of the notice referred to in subsection (4), the Assistant Controller shall refer the matter to a Magistrate for a 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 goods, thing, book, document, record or other article and the person from whom they were seized, to appear before the Magistrate and on their appearance or default to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such goods, thing, book, document, record or other article was the subject-matter of or was used in the commission of such offence, shall order the same to be forfeited and shall, in the absence of such proof, order their release.
(7) Any goods, thing, book, document, record or other article forfeited or deemed to be forfeited shall be delivered to the Assistant Controller and shall be disposed of in accordance with the directions of the Magistrate.
(8) Where any goods, thing, book, document, record or other article seized in exercise of the powers conferred under this Act are of a perishable nature or is subject to speedy and natural decay
Consumer Protection 83
or where the custody of such goods, thing, book, document, record or other article involves unreasonable expense and inconvenience, or is believed to cause obstruction or hazard to the public, the Controller may direct that such goods, thing, book, document, record or other article be sold at any time and the proceeds of the sale held to abide by the result of any prosecution under this Act.
Cost of holding goods, etc., seized
132. Where any goods, thing, book, document, record or other article seized under this Act is held in the custody of the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding such thing in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable
133. No person shall, in any proceedings before any court in respect of the seizure of any goods, thing, book, document, record or other article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
Protection of informers
134. (1) Except as hereinafter provided, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or to state any matter which may lead to his discovery.
(2) If any books, documents, records or papers which are in evidence or are liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.
advantage or avoid any evil of a temporal naturein reference to the proceeding against him; or(ii) in the case of a statement made by the person after his arrest, unless the court is satisfied that a caution was administered to him in the following words or words to the like effect:“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence.”; and(b) if made by any person before there is time to caution him, shall not be rendered inadmissible in evidence merely by reason of no such caution having been administered if it has been administered as soon as possible.(3) Notwithstanding anything to the contrary contained in any written law, a person charged for an offence to which subsection (1) applies shall not be bound to answer any question relating to the case after a caution under subsection (2) has been administered to him.Forfeiture of goods, etc., seized131. (1) Any goods, thing, book, document, record or other article seized in exercise of any power conferred under this Act shall be liable to forfeiture.(2) An order for the forfeiture or for the release of any goods, thing, book, document, record or other article seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the goods, thing, book, document, record 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 goods, thing, book, document, record or other article was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.82 Laws of Malaysia ACT 599(3) If there is no prosecution with regard to any goods, thing, book, document, record or other article seized in exercise of any power conferred under this Act, such goods, thing, book, document, record or other article shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of a notice to the last known address of the person from whom the goods, thing, book, document, record or other article was seized indicating that there is no prosecution in respect of such goods, thing, book, document, record or other article, unless before that date a claim thereto is made in the manner set out in subsections (4), (5) and (6).(4) Any person asserting that he is the owner of the goods, thing, book, document, record or other article referred to in subsection (3) and that they are not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the Assistant Controller in whose custody such goods, thing, book, document, record or other article is held that he claims the same.(5) On receipt of the notice referred to in subsection (4), the Assistant Controller shall refer the matter to a Magistrate for a 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 goods, thing, book, document, record or other article and the person from whom they were seized, to appear before the Magistrate and on their appearance or default to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such goods, thing, book, document, record or other article was the subject-matter of or was used in the commission of such offence, shall order the same to be forfeited and shall, in the absence of such proof, order their release.(7) Any goods, thing, book, document, record or other article forfeited or deemed to be forfeited shall be delivered to the Assistant Controller and shall be disposed of in accordance with the directions of the Magistrate.(8) Where any goods, thing, book, document, record or other article seized in exercise of the powers conferred under this Act are of a perishable nature or is subject to speedy and natural decayConsumer Protection 83or where the custody of such goods, thing, book, document, record or other article involves unreasonable expense and inconvenience, or is believed to cause obstruction or hazard to the public, the Controller may direct that such goods, thing, book, document, record or other article be sold at any time and the proceeds of the sale held to abide by the result of any prosecution under this Act.Cost of holding goods, etc., seized132. Where any goods, thing, book, document, record or other article seized under this Act is held in the custody of the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding such thing in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government by such person and shall be recoverable accordingly.No costs or damages arising from seizure to be recoverable133. No person shall, in any proceedings before any court in respect of the seizure of any goods, thing, book, document, record or other article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.ป้องกัน informers134. (1) ยกเว้นเป็นบริการซึ่งต่อไปนี้ ไม่มีพยานใด ๆ ตอนแพ่ง หรือทางอาญาจะ obliged หรือได้รับอนุญาตให้เปิดเผยชื่อหรือที่อยู่ของ informer ใด ๆ หรือสารและลักษณะของข้อมูลที่ได้รับ จากเขา หรือจะเรื่องใด ๆ ซึ่งอาจนำไปสู่การค้นพบของเขา(2) ถ้ามีหนังสือ เอกสาร ระเบียน หรือเอกสารที่เป็นหลักฐาน หรือจะรับผิดชอบให้ตรวจสอบในตอนใดแพ่ง หรือทางอาญา ประกอบด้วยรายการใด ๆ ในที่ใด ๆ informer เป็นชื่อ หรืออธิบายหรือซึ่งอาจนำไปสู่การค้นพบของเขา ศาลจะทำให้ทั้งหมดดังกล่าวทางเดินแฝงจากมุมมอง หรือจะ obliterated จนเท่านั้นอาจจำเป็นต้องป้องกัน informer ที่ค้นพบ
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