Section 19
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 19
[1) If proceedings have been instituted against a person for an offence or offences to which this Order applies and either -
(a)
the proceedings have not resulted in his conviction for any such offence; or
{b) where he was convicted of one or more such offences -
[i)
the conviction or convictions have been quashed; or
(ii)
His Majesty the Sultan and Yang Di-Pertuan has granted a pardon in respect of the conviction or convictions, the Court may, on an application by any person who held property which was realisable property, order compensation to be paid to the applicant out of the
Criminal Offences Confiscations Fund established by subsection (I) of section 30 if, having regard to all the circumstances, it considers it appropriate to make such an order.
(2)
The Court shall not order compensation to be paid in any case unless it is satisfied that
{a) there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence or offences; and
(b)
the applicant has suffered loss in consequence of anything done in relation to the prope~ty by or in pursuance of an order under this
Order.
(3)
The Court shall not order compensation to be paid in any case where it appears to it that the proceedings would have been instituted or continued even if the serious default had not occurred.
(4)
The amount of compensation to be paid under this section shall be such as the Court thinks just in all the circumstances of the case.
998
27th. JUNE 1 2000
Money-laundering and other offences
Code of Practice and Reporting Authority.