Malaysia

MACC invoked restriction order, not asset freeze, in Daim-linked probe – Dzulkifli

Former MACC chief clarifies that Section 53 of AMLA was used to restrict dealings during investigation, not to imply wrongdoing

Updated 1 year ago · Published on 03 Jun 2025 6:52PM

MACC invoked restriction order, not asset freeze, in Daim-linked probe – Dzulkifli
This order is intended to prevent any dealings involving the said assets while investigations by the MACC are ongoing - June 3, 2025

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

Spotlight

Malaysia

Anwar: Children’s smiles, dreams are Malaysia’s future (video)

Heritage

Penang first state to recognise Hungry Ghost Festival, cemeteries as heritage

Malaysia

Child malnutrition needs urgent action, says Charles Santiago

By Alfian Z.M. Tahir

Malaysia

Zahid: Umno, BN favour earlier GE16

World

Trump floats renaming Strait Of Hormuz ‘Trump Strait’ amid Iran conflict

Malaysia

Weak earthquake measuring 3.4 magnitude detected in Keningau

Malaysia

Stepfather held over alleged rape, sexual assault of 13-year-old in Besut

Malaysia

Toying with danger: Police tracking owner of MPV

You may be interested

Malaysia

Woman injured as concrete debris falls from George Town heritage building

Malaysia

Sarawak haze crisis deepens as five areas breach hazardous air quality levels

Malaysia

Negeri gives PH ADUNs, coordinators 30 days to repay outstanding allocations

By Alfian Z.M. Tahir

Malaysia

Govt rejects ‘Madu atau Racun’ as JAKIM moves to review controversial drama

Malaysia

Anwar warns US-Iran escalation risks wider Middle East war

Malaysia

Malaysia Day celebration to move indoors amid Sarawak haze

By Alfian Z.M. Tahir

Malaysia

Sri Aman nears hazardous air mark as Sarawak haze intensifies

Malaysia

Accountant charged over alleged RM2.53m tax under-reporting