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

Off beat

Afdlin Shauki, family trapped for five hours amid Paris unrest

Malaysia

10 former Negeri Excos file application in Federal Court to challenge revocation of appointments

Malaysia

Perlis MB Abu Bakar suspended from Bersatu for two election terms

Malaysia

Shuhaily says public support gives him strength as he faces two charges

Malaysia

Mohd Shuhaily pleads not guilty to assaulting 2 cops

Places

Penang makes National Geographic list of top 25 cities worldwide to visit

By Ian McIntyre

Malaysia

Two held after 16-year-old girl rescued in suspected sex exploitation case

Malaysia

Takiyuddin blames Bersatu for PN deregistration

Malaysia

Interpol issues Red Notice for Serba Dinamik CEO, Anwar says

You may be interested

Malaysia

Lower-income Malaysians make up 70% of BNPL users as financing hits RM6.6b

Malaysia

Anwar responds to young Ammar’s plea for prayers ahead of surgery

By Alfian Z.M. Tahir

Malaysia

MCMC seizes phone, SIM card in probe into suspected insult against Negeri royals

Malaysia

Lecturer takes RM218k in loans before losing RM269,993 to phone scam

Malaysia

Police record 186,257 drug arrests with seizures hitting RM2.85b

Malaysia

Families of 54 missing Malaysians seek official confirmation, government aid

Malaysia

Teacher injured in attempt to disarm student carrying sharp object at Kuching school

Malaysia

Online scam call centres: Police detain 31 people targeting foreign victims in Pahang crackdown