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Money Laundering PDF Print E-mail
Friday, 13 April 2001 12:00am

The Bar Council refers to the article entitled “Act On Dirty Money” as reported in the Star newspaper on 2nd April 2001 wherein it was reported that offenders caught laundering their ill-gotten gains will be prosecuted and on conviction shall be liable to pay a fine of up to RM5 million or be sentenced to imprisonment of up to 5 years.

While it may appear that there is a need for an Act of Parliament to combat money laundering in view of the increasing number of such offences as reported and while the Bar Council supports the need for such legislation, the Bar Council is, nonetheless, disappointed to note that the proposed legislation has been drafted and discussed by the Deputy Finance Minister with the Treasury without any request for the views of the Bar Council or any of its members on the proposed legislation.

The Bar Council reiterates its call to the Government to notify the Bar Council of any proposed legislation so that members of the Malaysian Bar may give their views, comments and constructive suggestions on them as such legislation will have an impact on members of the public, the economy and the criminal law.

In the article, it is reported that under the proposed Act, a prosecuting officer can also apply to a court to strip the right of the offender over his property even if there is no charge or conviction against him. The Bar Council is opposed to such a provision in the proposed legislation as this power is arbitrary, unconstitutional and a breach of human rights in that no one ought to be punished unless he is found guilty of the alleged offence.

Dated this 13th day of April 2001

Mah Weng Kwai
Chairman

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