Investigation by competent authority and enforcement agencies
(1) Where—
(a) the competent authority has reason to suspect the commission of an offence under Part III or IV; or
(b) an enforcement agency having the power to enforce the law under which a related serious offence is committed has reason to suspect the commission of an offence under any other provisions of this Act,
the competent authority or the relevant enforcement agency shall cause an investigation to be made and for such purpose may exercise all the powers of investigation provided for under this Act.
(2) The competent authority or the relevant enforcement agency, as the case may be, may instruct any person to take such steps as may be necessary to facilitate an investigation under subsection
(1).
(3) The competent authority and the relevant enforcement agency shall co-ordinate and co-operate with any other enforcement agency in and outside Malaysia, with respect to an investigation into any serious offence or foreign serious offence, as the case may be.
Appointment of investigating officer
(1) For purposes of an investigation under this Part, the competent authority or relevant enforcement agency, as the case may be, may appoint its employee or any other person to be an investigating officer.
(2) An investigating officer who is not an employee of the competent authority or the relevant enforcement agency shall be subject to, and enjoy such rights, protection, and indemnity as may be specified in this Act or other written law applicable to an employee of the competent authority or the relevant enforcement agency, as the case may be.
(3) An investigating officer shall be subject to the direction and control of the competent authority or the relevant enforcement agency, which has authorised him to act on its behalf, as the case may be.
Powers of an investigating officer
(1) Where an investigating officer is satisfied, or has reason to suspect, that a person has committed an offence under this Act, he may, without a search warrant—
(a) enter any premises belonging to or in the possession or control of the person or his employee, and in the case of a body corporate, its director or manager;
(b) search the premises for any property, record, report or document;
(c) inspect, make copies of or take extracts from any record, report or document so seized and detained;
(d) take possession of, and remove from the premises, any property, record, report or document so seized and detained and detain it for such period as he deems necessary;
(e) search any person who is in, or on, such premises, if the investigating officer has reason to suspect that that person has on his person any property, record, report or document, including personal document, necessary, in the investigating officer’s opinion, for the purpose of investigation into an offence under this Act;
(f) break open, examine and search any article, container or receptacle; or
(g) stop, detain or search any conveyance.
(2) An investigating officer may, if it is necessary to do so—
(a) break open any outer or inner door of such premises or conveyance and enter such premises or conveyance;
(b) remove by force any obstruction to such entry, search, seizure, detention or removal as he is empowered to effect; or
(c) detain any person found on such premises, or in such conveyance, until the search is completed.
(3) An investigating officer may seize, take possession of, and detain for such duration as he thinks necessary, any property, record, report or document produced before him in the course of his investigation or found on the person who is being searched by him.
(4) An investigating officer, in the course of his investigation or search, shall—
(a) prepare and sign a list of every property, record, report or document seized; and
(b) state in the list the location in which, or the person on whom, the property, record, report or document is found.
(5) The occupant of the premises entered in the course of investigation, or any person on his behalf, shall be present during the search, and a copy of the list prepared under subsection (4) shall be delivered to such person at his request.
Power to examine persons
(1) Notwithstanding any written law, or oath, undertaking or requirement of secrecy or confidentiality to the contrary, or an obligation under an agreement or arrangement, express or implied, to the contrary, an investigating officer conducting an investigation shall have the power to administer an oath or affirmation to the person being examined.
(2) An investigating officer may order, orally or in writing, any person whom he believes to be acquainted with the facts and circumstances of the case—
(a) to attend before him for examination;
(b) to produce before him any property, record, report or document; or
(c) to furnish to him a statement in writing made on oath or affirmation setting out such information as he may require.
(3) Any person who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.
(4) The person examined under subsection (2) shall be legally bound to answer all questions relating to such case put to him by the investigating officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(5) A person making a statement under paragraph (2)(c) shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions of the investigating officer.
(6) An investigating officer examining a person under subsection
(2) shall first inform that person of the provisions of subsections
(4) and (5).
(7) A statement made by any person under paragraph (2)(c) shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print—
(a) after it has been read to him in the language in which he made it; and
(b) after he has been given an opportunity to make any correction he may wish.
(8) Any person who—
(a) fails to appear before an investigating officer as required under paragraph (2)(a);
(b) refuses to answer any question put to him by an investigating officer under subsection (4); or
(c) furnishes to an investigating officer any information or statement that is false or misleading in any material particular,
commits an offence and shall on conviction be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.
Search of a person
(1) An investigating officer searching any person under paragraph 31(1)(e) may detain the person for such period as may be necessary to have the search carried out, which shall not in any case exceed twenty-four hours without the authorisation of a magistrate, and may, if necessary, remove the person in custody to another place to facilitate such search.
(2) No person shall be searched under this Part except by an investigating officer of the same gender and such search shall be carried out with strict regard to decency.
Obstruction to exercise of powers by an investigating officer
Any person who—
(a) refuses any investigating officer access to any premises, or fails to submit to the search of his person;
(b) assaults, obstructs, hinders or delays an investigating officer in effecting any entrance which he is entitled to effect;
(c) fails to comply with any lawful demands of any investigating officer in the execution of his duties under this Part;
(d) refuses to give to an investigating officer any property, document or information which may reasonably be required of him and which he has in his power to give;
(e) fails to produce to, or conceal or attempt to conceal from, an investigating officer, any property, record, report or document, which the investigating officer requires;
(f) rescues or attempts to rescue any thing which has been duly seized;
(g) furnishes to an investigating officer as true any information which he knows or has reason to believe to be false; or
(h) before or after any search or seizure, breaks or otherwise destroys any thing to prevent its seizure, or the securing of the property, record, report or document,
commits an offence and shall on conviction be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.
Tipping-off
(1) Any person who—
(a) knows or has reason to suspect that an investigating officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act or any subsidiary legislation made under it and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or
(b) knows or has reason to suspect that a disclosure has been made to an investigating officer under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,
commits an offence and shall on conviction be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding one year or to both.
(2) Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter—
(a) to his client or the client’s representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or
(b) to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings.
(3) Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
(4) In proceedings against a person for an offence under this section, it is a defence to prove that—
(a) he did not know or suspect that the disclosure made under paragraph (1)(b) was likely to prejudice the investigation; or
(b) he had lawful authority or reasonable excuse for making the disclosure.
(5) An investigating officer or other person does not commit an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other written law relating to a serious offence.
Requirement to provide translation
(1) Where an investigating officer finds, seizes, detains, or takes possession of any property, record, report or document which, wholly or partly, is in a language other than the national language or English language, or is in any sign or code, the investigating officer may, orally or in writing, require the person who had the
possession, custody or control of the property, record, report or document to furnish to him a translation in the national language or English language within such period as he may specify.
(2) No person shall knowingly furnish a translation under subsection (1) which is not an accurate, faithful and true translation of the document.
(3) Any person who fails to comply with the requirement in subsection (1) or contravenes subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.
(4) Where the person required to furnish a translation under subsection (1) is not the person who is suspected to have committed the offence, the competent authority or the relevant enforcement agency, as the case may be, may pay him reasonable fees and reimburse him for such reasonable expenses as he may have incurred in furnishing the translation.
Delivery of property, record, report or document
(1) An investigating officer may, by a notice in writing, require any person to deliver to him any property, record, report or document which he has reason to suspect has been used in the commission of an offence under this Act or is able to assist in the investigation of an offence under this Act that is in the possession or custody of, or under the control of, that person or within the power of that person to furnish.
(2) An investigating officer may grant permission to any person to inspect the property, record, report or document he had detained and taken possession of under subsection (1) if the person is entitled to inspect such property, record, report or document under this Act.
(3) A person who—
(a) fails to deliver any property, record, report or document that is required by an investigating officer; or
(b) obstructs or hinders an investigating officer while exercising any of his powers under subsection (1),
commits an offence and shall on conviction be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding one year or to both, and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.
Seizing of property, record, report or document
An investigating officer may seize, take possession of and retain for such duration as he deems necessary, any property, record, report or document produced before him in the course of an examination under paragraph 32(2)(a) or (b), or search of the person under subsection 33(1), for ascertaining whether anything relevant to the investigation is concealed, or is otherwise, upon such person.
Release of property, record, report or document seized
(1) An investigating officer shall, unless otherwise ordered by any court—
(a) at the close of an investigation or any proceedings arising from the investigation; or
(b) with the prior written consent of the competent authority or the relevant enforcement agency, as the case may be, or of any investigating officer superior to him in rank, at any time before the close of an investigation,
release any property, record, report or document seized, detained or removed by him or any other investigating officer, to such person as he determines to be lawfully entitled to the property, record, report or document if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.
(2) The investigating officer effecting the release under subsection (1) shall record in writing the circumstances of, and the reason for, such release.
(3) Where the investigating officer is unable to determine the person who is lawfully entitled to the property, record, report or document or where there is more than one claimant to the property, record, report or document, or where the investigating officer is unable to locate the person under subsection (1) who is lawfully entitled to the property, record, report or document, the investigating officer shall report the matter to a magistrate who shall then deal with the property, record, report or document as provided for under subsections 413(ii), (iii) and (iv) and sections 414, 415 and 416 of the Criminal Procedure Code [Act 593].
Statement to be admissible
The record of an examination under paragraph 32(2)(a), any property, record, report or document produced under paragraph 32(2)(b) or any statement under paragraph 32(2)(c) shall, notwithstanding any written law or rule of law to the contrary, be admissible as evidence in any proceedings in any court for, or in relation to, an offence or any other matter under this Act or any offence under any other written law, regardless whether such proceedings are against the person who was examined, or who produced the property, record, report or document, or who made the written statement on oath or affirmation, or against any other person.
Investigating officer may arrest without warrant
An investigating officer appointed under section 30 may arrest without warrant a person whom he reasonably suspects to have committed or to be committing any offence under this Act.
Arrested person to be made over to police officer
An investigating officer, other than a police officer, making an arrest under section 41 shall make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and the person
arrested shall be dealt with according to the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.
Investigating officer deemed to be public servant and public officer
An investigating officer shall be deemed to be a public servant for the purposes of the Penal Code [Act 574], and to be a public officer for the purposes of the Criminal Procedure Code.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
