THE Malaysian Anti-Corruption Commission’s (MACC) move involving over RM750 million in assets linked to the family of the late Tun Daim Zainuddin was a restriction order under Section 53 of the Anti-Money Laundering Act (AMLA), and not a freezing of assets, said former MACC Chief Commissioner Tan Sri Dzulkifli Ahmad.
In a statement on Monday, Dzulkifli emphasised the importance of distinguishing between the two legal terms, as they fall under different provisions and entail separate legal procedures.
“This order is intended to prevent any dealings involving the said assets while investigations by the MACC are ongoing,” he explained.
“It does not mean that any wrongdoing or legal breach has been established with respect to the assets.”
He clarified that the restriction order was issued by the High Court via an ex parte application — meaning it was granted without notice to or the presence of the affected party.
Dzulkifli further explained that a freezing order typically refers to Section 44 of AMLA and is generally applied to bank accounts or financial instruments. In contrast, the MACC’s action in this case invoked Section 53, which applies to overseas assets believed to be linked to unlawful activities.
He also noted that the AMLA (Amendment) Act 2025, which contains revisions to Section 53, received Royal Assent on 24 April but has yet to come into effect.
“The amendment will extend the duration of a restriction order from 12 months to 18 months, with an additional extension of 12 months possible through another ex parte application by the Public Prosecutor.
“Until the amendment is enforced, the current legal limit of 12 months remains in place,” he said.
Dzulkifli added that under current law, a restriction order will automatically lapse if prosecution is not initiated within the stipulated period.
He said further public discussion on Section 53, including the role of the Public Prosecutor, procedural safeguards and evidentiary standards, is crucial to ensure that the exercise of asset restriction powers is lawful and aligned with the principles of justice. - June 3, 2025
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