Power to investigate reports and enquire into information
(1) Every report relating to the commission of an offence under this Act may be made orally or in writing to an officer of the Commission, and if made orally it shall be reduced into writing and read over to the person making the report; and every report, whether in writing or reduced into writing, shall be signed by the person making the report.
(2) Every report, whether in writing or reduced into writing, shall be entered in a book kept at the office of the Commission and there shall be appended to such entry the date and hour on which such report was made.
(3) Where an officer of the Commission has reason to suspect the commission of an offence under this Act following a report made under subsection (1) or information otherwise received by him, he shall cause an investigation to be carried out and for such purpose may exercise all the powers of investigation provided for under this Act and the Criminal Procedure Code.
(4) A report made under subsection (1) shall be kept secret and shall not be disclosed by any person to any person other than officers of the Commission and the Public Prosecutor until an accused person has been charged in court for an offence under this Act or any other written law in consequence of such report, unless the disclosure is made with the consent of the Public Prosecutor or an officer of the Commission of the rank of Commissioner and above.
(5) A copy, which is certified by an officer of the Commission of the rank of Superintendent and above, of an entry under subsection (2) of a report under subsection (1) shall be admissible as evidence of the content of the original and of the time, place and manner in which the report was recorded.
Power to examine persons
(1) An officer of the Commission investigating an offence under this Act may—
(a) order any person to attend before him for the purpose of being examined orally in relation to any matter which may, in his opinion, assist in the investigation into the offence;
(b) order any person, to produce before him, within the time specified by such officer, any book, document, records, accounts or computerized data, or any certified copy thereof, or any other article which may, in his opinion, assist in the investigation into the offence;
(c) by written notice order any person to furnish a statement in writing made on oath or affirmation setting out therein all such information which may be required under the notice, being information which, in such officer’s opinion, would be of assistance in the investigation into the offence, within the time specified by such officer; and
(d) order any person to attend before him for the purpose of having his handwriting or voice sample taken.
(2) Paragraph (1)(b) shall not apply to banker’s books.
(3) A person to whom an order has been given under paragraph (1)(a) shall—
(a) attend in accordance with the terms of the order to be examined, and shall continue to attend from day to day where so directed until the examination is completed; and
(b) during such examination, disclose all information which is within his knowledge, or which is available to him, in respect of the matter in relation to which he is being examined, and answer any question put to him truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him or his spouse.
(4) A person to whom an order has been given under paragraph (1)(b) shall not conceal, destroy, alter, remove from Malaysia, or deal with, expend, or dispose of, any book, document, record, account or computerized data, or article specified in the order, or alter or deface any entry in any such book, document, record, account or computerized data or cause such act to be done, or assist or conspire to do such act.
(5) A person to whom a written notice has been given under paragraph (1)(c) shall, in his statement, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, and shall not refuse to furnish or disclose the information on the ground that it tends to incriminate him or his spouse.
(6) A person to whom an order or a notice is given under subsection (1) shall comply with such order or notice and with subsections (3), (4) and (5), notwithstanding any written law or rule of law to the contrary.
(7) (Deleted by Act A1567).
(8) A statement of a person examined under paragraph (1)(a) shall be recorded in writing by any officer of the Commission and the statement so recorded shall be read to and signed by the person, and where such person refuses to sign the record, the officer shall endorse
thereon under his hand the fact of such refusal and the reasons therefor, if any, stated by the person examined.
(9) The record of an examination under paragraph (1)(a), or a written statement on oath or affirmation made pursuant to paragraph 1(c), or any book, document, record, account or computerized data, or article produced under paragraph (1)(b) or otherwise in the course of an examination under paragraph (1)(a), or under a written statement on oath or affirmation made pursuant to paragraph (1)(c), or record of examination of sample taken under paragraph (1)(d) shall, notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court—
(a) for an offence under this Act; or
(b) for the forfeiture of property pursuant to section 40 or 41,
regardless whether such proceedings are against the person who was examined, or who produced the book, document, record, account or computerized data, or article, or who made the written statement on oath or affirmation, or against any other person.
(10) Any person who contravenes this section commits an offence.
Power of search and seizure
(1) Whenever it appears to the Public Prosecutor or an officer of the Commission of the rank of Chief Senior Assistant Commissioner or above as authorized by the Public Prosecutor upon information, and after such inquiry as he thinks necessary, that there is reasonable cause to suspect that in any place there is any evidence of the commission of an offence under this Act, he may by written order direct an officer of the Commission to—
(a) enter any premises and there search for, seize and take possession of, any book, document, record, account or data, or other article;
(b) inspect, make copies of, or take extracts from, any book, document, record, account or data;
(c) search any person who is in or on such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and seize and detain any article found on such person;
(d) break open, examine, and search any article, container or receptacle; or
(e) stop, search, and seize any conveyance.
(2) Whenever it is necessary so to do, an officer of the Commission exercising any power under subsection (1) may—
(a) break open any outer or inner door or window of any premises and enter thereinto, or otherwise forcibly enter the premises and every part thereof;
(b) remove by force any obstruction to such entry, search, seizure or removal as he is empowered to effect; or
(c) detain any person found in or on any premises, or in any conveyance, searched under subsection (1), until such premises or conveyance has been searched.
(3) Whenever it appears to an officer of the Commission that there is reasonable cause to suspect that there is concealed or deposited in any place any evidence of the commission of any offence under this Act and such officer has reasonable grounds for believing that, by reason of delay in obtaining a written order of the Public Prosecutor or an officer of the Commission of the rank of Chief Senior Assistant Commissioner or above under subsection (1), the object of the search is likely to be frustrated, he may exercise in and in respect of such place, all the powers mentioned in subsections (1) and (2) as if he were directed to do so by an order issued under subsection (1).
(4) No person shall be searched under this section except by a person who is of the same gender as the person to be searched.
Translation
(1) Where an officer of the Commission finds, seizes, detains or takes possession of any book, document or record in the exercise of any power under this Act, and such book, document or record or any part thereof is in a language other than the national language or the English language, or in any sign or code, the officer may require the person who had possession, custody or control of such book, document or record to furnish to the officer a translation in the national language of such book, document or record within such period as, in the opinion of the officer, would be reasonable having regard to the length of the book, document or record, or other circumstances relating to it.
(2) No person shall knowingly furnish a translation under subsection (1) which is not an accurate, faithful and true translation, or knowingly make a translation under that subsection which is not accurate, faithful and true.
(3) Where the person required to furnish a translation under subsection (1) is not the person who is suspected to have committed the offence under investigation, the Commission may reimburse him for such reasonable expenses as he may have incurred in furnishing the translation.
Seizure of movable property
(1) In the course of an investigation into an offence under this Act any movable property which any officer of the Commission of the rank of Assistant Superintendent or above has reasonable grounds to suspect to be the subject matter of an offence or evidence relating to the offence shall be liable to seizure.
(2) A list of all movable property seized pursuant to subsection (1) and of the places in which they are respectively found shall be
prepared by the officer of the Commission effecting the seizure and signed by him.
(3) A copy of the list referred to in subsection (2) shall be served on the owner of such property or on the person from whom the property was seized as soon as possible.
(4) Where any movable property liable to seizure under subsection (2) is in the possession, custody or control of a financial institution, subsections (1), (2) and (3) shall not apply and the provisions of section 37 shall apply thereto.
Further provisions relating to seizure of movable property
(1) Where any movable property is seized under this Act, the seizure shall be effected by removing the movable property from the possession, custody or control of the person from whom it is seized and placing it under the custody of such person or authority and at such place as an officer of the Commission of the rank of Assistant Superintendent or above may determine.
(2) Where it is not practicable, or it is otherwise not desirable, to effect removal of any property under subsection (1), the officer referred to in that subsection may leave it at the premises in which it is seized under the custody of such person as he may detail for the purpose.
(3) Notwithstanding subsection (1), when any movable property, including any movable property referred to in subsection (6), has been seized under this Act, an officer of the Commission of the rank of Superintendent or above, other than the officer who effected the seizure, may at his discretion—
(a) temporarily return the movable property to the owner thereof, or to the person from whose possession, custody or control it was seized, or to such person as may be entitled thereto, subject to such terms and conditions as
may be imposed, and, subject, in any case, to sufficient security being furnished to ensure that the movable property shall be surrendered on the demand being made by the officer who authorized the release and that such terms and conditions, if any, shall be complied with; or
(b) return the movable property to the owner thereof, or to the person from whose possession, custody or control it was seized, or to such person as may be entitled thereto, with liberty for the person to whom the movable property is so returned to dispose of the property, such return being subject to security being furnished in an amount not less than an amount which represents the open market value of such property on the date on which it is so returned.
(4) Where any person to whom movable property is temporarily returned under paragraph (3)(a) fails to surrender such property on demand or comply with any term or condition imposed under that paragraph—
(a) the security furnished in respect of such property shall be forfeited; and
(b) that person commits an offence and shall on conviction be liable to a fine of not less than two times the amount of the security furnished by him, and to imprisonment for a term not exceeding two years.
(5) Where an order of forfeiture is made by the court in respect of property returned under paragraph (3)(b), such forfeiture shall be effected by forfeiting the security furnished by the person to whom the property was returned.
(6) When any movable property seized under this Act consists of money, shares, securities, stocks, debentures or any chose-in-action, in the possession or under the custody or control of any person other than the person against whom the prosecution is intended to be taken, the seizure shall be effected by an officer of the Commission of the rank of Assistant Superintendent or above serving an order on such person—
(a) prohibiting him from using, transferring, or dealing with such property; or
(b) requiring him to surrender the property to an officer of the Commission of the rank of Assistant Superintendent or above in the manner and within the time specified in the order.
(7) Where any movable property seized is liable to speedy decay or deterioration, or is property which cannot be maintained without difficulty, or which is not practicable to be maintained, and which cannot be dealt with under subsection (3), an officer of the Commission of the rank of Superintendent or above may sell or cause to be sold the property and shall hold the proceeds of the sale, after deducting therefrom the costs and expenses of the maintenance and sale of the property, to abide the result of any proceedings under this Act.
Investigation of share, purchase account, etc.
(1) Notwithstanding the provisions of any other written law or any rule of law, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor, if he is satisfied that it is necessary for the purpose of any investigation into an offence under this Act, may authorize in writing an officer of the Commission to exercise in relation to any financial institution specified in the authorization all the powers of investigation set out in subsection (2).
(2) An officer of the Commission authorized under subsection (1) may, in relation to the financial institution in respect of which he is so authorized—
(a) inspect and take copies of any banker’s book, account or any document belonging to or in the possession, custody or control of the financial institution;
(b) inspect and take copies of any share account, purchase account, expense account or any other account of any person kept in the financial institution;
(c) inspect the contents of any safe deposit box in the financial institution; or
(d) request for any other information related to any document, account or article referred to in paragraphs (a), (b) and (c).
(3) Notwithstanding anything in subsection (2), an officer of the Commission authorized under subsection (1) may take possession of any book, document, account, title, securities or cash to which he has access under that subsection where in his opinion—
(a) the inspection of them, the copying of them, or the taking of extracts from them, cannot reasonably be undertaken without taking possession of them;
(b) they may be interfered with or destroyed unless he takes possession of them; or
(c) they may be needed as evidence in any prosecution for an offence under this Act or any other written law.
(4) Any person who wilfully fails or refuses to disclose any information or to produce any account, document or article as are referred to in subsection (2) to the officer of the Commission as authorized under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(5) Where any person discloses any information or produces any account or document or article to an authorized officer of the Commission, neither the first-mentioned person nor any other person on whose behalf or direction or as whose agent or employee, the firstmentioned person may be acting shall, on account of such disclosure or production, be liable to any prosecution, except a prosecution for an offence under section 27, for any offence under or by virtue of any law, or to any proceeding or claim by any person under or by virtue
of any law, or under or by virtue of any contract, agreement or arrangement, or otherwise.
Powers to obtain information
(1) Notwithstanding any written law or rule of law to the contrary, an officer of the Commission of the rank of Commissioner and above, if he has reasonable ground to believe, based on the investigation carried out by an officer of the Commission, that any property is held or acquired by any person as a result of or in connection with an offence under this Act, may by written notice—
(a) require that person to furnish a statement in writing on oath or affirmation—
(i) identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
(ii) identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
(iii) setting out the estimated value and location of each of the properties identified under subparagraphs (i) and (ii), and if any of such properties cannot be located, the reason therefor;
(iv) stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether the property is held by him or by any other person on his behalf, whether it has been transferred, sold to, or kept with
any person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;
(v) setting out all other information relating to his properties, business, travel, or other activities as may be specified in the notice; and
(vi) setting out all his sources of income, earnings or assets;
(b) require any relative or associate of the person referred to in paragraph (1)(a), or any other person whom the officer of the Commission of the rank of Commissioner and above has reasonable grounds to believe is able to assist in the investigation, to furnish a statement in writing on oath or affirmation—
(i) identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which such person has any interest, whether legal or equitable, and specifying the date on which each of the properties identified was acquired and the manner in which the property was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
(ii) identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
(iii) setting out the estimated value and location of each of the properties identified under subparagraphs (i) and (ii), and if any of such properties cannot be located, the reason therefor;
(iv) stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether
the property is held by him or by any other person on his behalf, whether the property has been transferred, sold to, or kept with any person, whether the property has been diminished in value since its acquisition by him, and whether the property has been commingled with other property which cannot be separated or divided without difficulty;
(v) setting out all other information relating to each of the properties identified under subparagraphs (i) and (ii), and the business, travel, or other activities of such person; and
(vi) setting out all the sources of income, earnings or assets of such person; and
(c) require any officer of any financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any financial institution, to furnish copies of any or all accounts, documents and records relating to any person to whom a notice may be issued under paragraph (a) or (b).
(2) Every person to whom a notice is sent by the officer of the Commission of the rank of Commissioner and above under subsection (1) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the notice within such time as may be specified therein, and any person who willfully neglects or fails to comply with the terms of the notice commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years and to a fine not exceeding one hundred thousand ringgit.
(3) Where the officer of the Commission of the rank of Commissioner and above has reasonable grounds to believe that any person who has been served with the written notice referred to in subsection (1) owns, possesses, controls or holds any interest in any
property which is excessive, having regard to his present and past emoluments and all other relevant circumstances, such officer of the Commission may by written direction require him to furnish a statement on oath or affirmation explaining how he was able to own, possess, control or hold such excess and if he fails to explain satisfactorily such excess, he commits an offence and shall on conviction be liable to—
(a) imprisonment for a term not exceeding twenty years; and
(b) a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.
(4) Every person to whom a direction is sent by such officer of the Commission of the rank of Commissioner and above under subsection (3) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the direction within such time as may be specified in the direction, and if such person willfully neglects or fails to comply with such direction, he commits an offence and shall on conviction be liable to—
(a) imprisonment for a term not exceeding twenty years; and
(b) a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.
(5) Every person to whom a notice or direction is sent by an officer of the Commission of the rank of Commissioner and above under this section shall be legally bound to state the truth and shall disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him.
(6) Where any person discloses an information or produces any accounts, documents or records, in response to a notice under subsection (1), such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under or by virtue of any law, or to any proceeding or claim
by any person under or by virtue of any law or under or by virtue of any contract, agreement or arrangement, or otherwise.
(7) Subsection (6) shall not bar, prevent or prohibit the institution of any prosecution for any offence—
(a) as provided by this section;
(b) of giving false evidence in relation to any statement on oath or affirmation furnished to an officer of the Commission of the rank of Commissioner and above pursuant to this section; or
(c) provided for in section 27.
Order not to part with, deal in, movable property in financial institution, etc.
(1) Where the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any movable property, including any monetary instrument or any accretion thereto, which is the subject matter of an offence under this Act or evidence in relation to the commission of such offence, is in the possession, custody or control of a financial institution, he may, notwithstanding any other written law or rule of law, by order direct the financial institution not to part with, deal in, or otherwise dispose of such property or any part thereof until the order is revoked or varied.
(1A) An officer of the Commission shall forthwith notify Bank Negara Malaysia, the Securities Commission or the Labuan Financial Services Authority, as the case may be, of any order made under subsection (1).
(2) A financial institution or any agent or employee of a financial institution shall not, on account of such compliance, be liable to any prosecution under or by virtue of any law or to any proceeding or
claim by any person under or by virtue of any law or under or by virtue of any contract, agreement, or arrangement, or otherwise.
(3) A person who fails to comply with an order of the Public Prosecutor under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two times the amount which was paid out in contravention of the Public Prosecutor’s order or fifty thousand ringgit, whichever is the higher, and to imprisonment for a term not exceeding two years.
Seizure of immovable property
(1) Where the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any immovable property is the subject matter of an offence under this Act or evidence of the commission of such offence, such property shall be liable to seizure and the seizure shall be effected—
(a) by the issue of a Notice of Seizure by the Public Prosecutor setting out therein the particulars of the immovable property which is seized in so far as such particulars are within his knowledge, and prohibiting all dealings in such immovable property;
(b) by publishing a copy of such Notice in two newspapers circulating in Malaysia one of which shall be in the national language and the other in the English language; and
(c) by serving a copy of such Notice on the Land Administrator or the Registrar of Titles, as the case may be, in Peninsular Malaysia, or on the Registrar of Titles or Collector of Land Revenue, as the case may be, in Sabah, or on the Director of Lands and Surveys or the Registrar responsible for land title, as the case may be, in Sarawak, of the area in which the immovable property is situated.
(2) The Land Administrator, the Collector of Land Revenue, the Director of Lands and Surveys, the Registrar of Titles or the Registrar
responsible for land title, as the case may be, referred to in subsection (1) shall immediately upon being served with a Notice of Seizure under subsection (1) endorse the terms of the Notice of Seizure on the document of title in respect of the immovable property in the Register at his office.
(3) Where an endorsement of a Notice of Seizure has been made under subsection (2), the Notice shall have the effect of prohibiting all dealings in respect of the immovable property, and after such endorsement has been made no dealing in respect of the immovable property shall be registered, regardless whether it was effected before or after the issue of such Notice or the making of such endorsement.
(4) Subsection (3) shall not apply to a dealing effected by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Government of Malaysia or the Government of a State, or a local authority or other statutory authority.
(5) Any person who contravenes subsection (2) or (3) or does any act which results in, or causes, a contravention of subsection (2) or (3) commits an offence and shall on conviction be liable to a fine not exceeding twice the value of the property in respect of which the Public Prosecutor’s order had been contravened, or fifty thousand ringgit, whichever is the higher, and to imprisonment for a term not exceeding two years.
(6) Where a Notice of Seizure has been issued under subsection (1) it shall be an offence for the registered proprietor of the immovable property which is seized under such Notice, or for any other person having any interest in such immovable property, who has knowledge of such Notice, to knowingly enter into any agreement with any person to sell, transfer, or otherwise dispose of or deal with, the whole or any part of such immovable property.
Prohibition of dealing with property outside Malaysia
Where the Public Prosecutor is satisfied that any property is the subject matter of an offence under this Act or was used in the commission of the offence, and such property is held or deposited outside Malaysia, he may make an application by way of an affidavit to a Judge of the High Court for an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property.
Forfeiture of property upon prosecution for an offence
(1) In any prosecution for an offence under this Act, the court shall make an order for the forfeiture of any property which is proved to be the subject matter of the offence or to have been used in the commission of the offence where—
(a) the offence is proved against the accused; or
(b) the offence is not proved against the accused but the court is satisfied—
(i) that the accused is not the true and lawful owner of such property; and
(ii) that no other person is entitled to the property as a purchaser in good faith for valuable consideration.
(2) Where the offence is proved against the accused but the property referred to in subsection (1) has been disposed of, or cannot be traced, the court shall order the accused to pay as a penalty a sum which is equivalent to the amount of the gratification or is, in the opinion of the court, the value of the gratification received by the accused, and any such penalty shall be recoverable as a fine.
Forfeiture of property where there is no prosecution for an offence
(1) Where in respect of any property seized under this Act there is no prosecution or conviction for an offence under this Act, the Public Prosecutor may, before the expiration of eighteen months from the date of the seizure, apply to a Sessions Court Judge for an order of forfeiture of that property if he is satisfied that such property had been obtained as a result of or in connection with an offence under this Act.
(2) The Judge to whom an application is made under subsection (1) shall cause to be published a notice in the Gazette calling upon any person who claims to have an interest in the property to attend before the Court on a date specified in the notice, to show cause as to why the property should not be forfeited.
(3) Where the Judge to whom an application is made under subsection (1) is satisfied—
(a) that the property is the subject matter of or was used in the commission of an offence under this Act; and
(b) there is no purchase in good faith for valuable consideration in respect of the property,
he shall make an order for the forfeiture of the property.
(4) Property in respect of which no application is made under subsection (1) shall, at the expiration of eighteen months from the date of its seizure, be released to the person from whom it was seized.
Admissibility of documentary evidence
Where any document or a copy of any document is obtained by the Commission under this Act, such document shall be admissible in
evidence in any proceedings under this Act, notwithstanding anything to the contrary in any other written law.
Dealing with property after seizure to be void
(1) Where any property has been seized under this Act, and so long as such seizure remains in force, any dealing effected by any person or between any persons in respect of such property, except any dealing effected under this Act or by virtue of this Act by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Government of Malaysia, or the Government of a State, or a local authority or other statutory authority, shall be void, and shall not be registered or otherwise given effect to by any person or authority.
(2) Subsection (1) shall be in addition to and not in derogation of subsections 38(3) and (4).
(3) For so long as a seizure of any property under this Act remains in force, no action, suit or other proceeding of a civil nature shall be instituted, or if it is pending immediately before such seizure, be maintained or continued in any court or before any other authority in respect of the property which has been so seized, and no attachment, execution or other similar process shall be commenced, or if any such process is pending immediately before such seizure, be maintained or continued, in respect of such property on account of any claim, judgement or decree, regardless whether such claim was made, or such judgment or decree was given, before or after such seizure was effected, except at the instance of the Government of Malaysia or the Government of a State, or at the instance of a local authority or other statutory authority, or except with the prior consent in writing of the Public Prosecutor.
Power to intercept communications
(1) Notwithstanding the provisions of any other written law, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor, if he
considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act, may, on the application of an officer of the Commission of the rank of Superintendent or above, authorize any officer of the Commission—
(a) to intercept, detain and open any postal article in the course of transmission by post;
(b) to intercept any message transmitted or received by any telecommunication; or
(c) to intercept, listen to and record any conversation by any telecommunication, and listen to the recording of the intercepted conversation.
(2) When any person is charged with an offence under this Act, any information obtained by an officer of the Commission in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.
(3) An authorization by the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor under subsection (1) may be given either orally or in writing; but if an oral authorization is given, the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor shall, as soon as practicable, reduce the authorization into writing.
(4) A certificate by the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor stating that the action taken by an officer of the Commission in pursuance of subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized, and such certificate shall be admissible in evidence without proof of signature thereof.
(5) No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of anything done under paragraph (1)(a), (b) or (c).
(6) For the purpose of this section, “postal article” has the same meaning as in the Postal Services Act 2012 [Act 741].
Surrender of travel documents
(1) Notwithstanding any written law to the contrary, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor may, where he has grounds to believe that any person who is the subject of an investigation in respect of an offence under this Act suspected to have been committed by him is likely to leave Malaysia, by written notice require such person to surrender his certificate of identity, passport or exit permit, or any other travel document in his possession.
(2) A notice under subsection (1) shall be served personally on the person to whom it is addressed.
(3) A person on whom a notice under subsection (1) is served shall comply with such notice forthwith, failing which he may be arrested and taken before a Magistrate.
(4) Where a person is taken before a Magistrate under subsection (3), the Magistrate shall, unless such person complies with the notice under subsection (1) or satisfies the Magistrate that he does not possess a travel document, by warrant commit him to prison—
(a) until the expiry of the period of fourteen days from the date of his committal; or
NOTE—This Act has replaced the Postal Services Act 1991 [Act 465]—see section 110 of Act 741.
(b) until he complies with the notice under subsection (1),
whichever occurs earlier.
(5) For the purpose of subsection (4), a certificate signed by the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor to the effect that the person has complied with the notice under subsection (1) shall be sufficient warrant for the Superintendent of Prison to discharge such person.
(6) No legal proceedings shall be instituted or maintained against the Government, an officer of the Commission, a public officer or any other person, in respect of anything lawfully done under this section.
Power to amend or revoke any order or notice under this Act
(1) The Public Prosecutor or an officer of the Commission as authorized by the Public Prosecutor may at any time amend or revoke any order or notice which has been made or given by him in exercise of any power conferred on the Public Prosecutor or the officer under this Act, but any such revocation shall not be a bar to any fresh order being made or notice being given in the exercise of such power or any other powers conferred on the Public Prosecutor or the officer under this Act, at any time thereafter, against any person to whom the earlier order or notice applied or in respect of any matter affected by the earlier order or notice.
(2) A revocation or an amendment of an order or notice under subsection (1) may contain provision in respect of any matter which is consequential, ancillary or incidental to such revocation or amendment.
Advocates and solicitors may be required to disclose information
(1) Notwithstanding any other written law, a Judge of the High Court may, on application being made to him in relation to an investigation into any offence under this Act, order an advocate and solicitor to disclose information available to him in respect of any transaction or dealing relating to any property which is liable to seizure under this Act.
(2) Nothing in subsection (1) shall require an advocate and solicitor to comply with any order under that subsection to the extent that such compliance would disclose any privileged information or communication which came to his knowledge for the purpose of any pending proceedings.
Legal obligation to give information
Subject to such limitation as is provided under this Act, every person required by an officer of the Commission or a police officer to give any information on any subject which it is such officer’s duty to inquire into under this Act and which is in that person’s power to give, shall be legally bound to give the information.
Obstruction of investigation and search
Any person who—
(a) refuses any officer of the Commission access to any premises, or fails to submit to a search by a person authorized to search him under this Act;
(b) assaults, obstructs, hinders or delays any officer of the Commission in the execution of his duty under this Act;
(c) fails to comply with any lawful demand, notice, order or requirement of an officer of the Commission in the execution of his duty under this Act;
(d) omits, refuses or neglects to give to an officer of the Commission any information which may reasonably be required of him and which he is empowered to give;
(e) fails to produce to, or conceals or attempts to conceal from, an officer of the Commission any book, document, or article, in relation to which such officer has reasonable grounds for suspecting that an offence under this Act has been or is being committed, or which is liable to seizure under this Act;
(f) rescues or endeavours to rescue or causes to be rescued any thing which has been duly seized;
(g) destroys any thing to prevent the seizure thereof, or the securing of the thing; or
(h) interferes with, puts fear into, threatens or abducts or attempts to interfere with, put fear into, threaten or abduct any person involved in an investigation under this Act,
commits an offence.
Offences under Act to be seizable offences and powers of officers of the Commission relating to investigations
(1) Every offence under this Act shall be a seizable offence for the purposes of the Criminal Procedure Code.
(2) Every person arrested under subsection (1) may be released from custody—
(a) on his depositing such reasonable sum of money as an officer of the Commission may require;
(b) on his executing a bond, with or without sureties, as an officer of the Commission may require; or
(c) on his depositing such reasonable sum of money as an officer of the Commission may require and his executing a bond, with or without sureties, as an officer of the Commission may require.
(3) Any person who has been released from custody under subsection (2) may be arrested without warrant by any officer of the Commission—
(a) if such officer has reasonable grounds for believing that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be broken; or
(b) on being notified in writing by the surety of such person that such person is likely to break any condition on or subject to which such person was released and that surety wishes to be relieved of his obligation as surety.
(4) Any person arrested under subsection (3) and is not released shall, without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a Magistrate’s Court and if it appears to the Court that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be broken, the Court may—
(a) remand such person in custody; or
(b) admit such person to bail on the same conditions or on such other conditions as it thinks fit.
(5) Where a person who is arrested for an offence under this Act is serving a sentence of imprisonment or is under detention under any law relating to preventive detention, or is otherwise in lawful custody, he shall, upon an order in writing by an officer of the Commission of the rank of Superintendent or above, be produced before such officer or before any other officer of the Commission for the purpose of investigation, and for such purpose he may be kept in lawful custody for a period not exceeding fourteen days.
(6) A person who is detained in lawful custody under subsection (5) or otherwise under any other written law may, at any time, be made available to an officer of the Commission for the purpose of investigation, or may be taken to any other place for the purpose of searching the place, or seizing any property, or identifying any person or for any other purpose related to the investigation.
(7) The period during which a person is under lawful custody under subsection (6) shall count towards the period of his imprisonment, detention or other custody.
(8) Where a person has been arrested and admitted to bail and the bailor fails to produce him or where the conditions of the bond on which or subject to which a person is released have not been complied with, the Public Prosecutor may apply to a Magistrate’s Court for an order of forfeiture of the sum of money deposited and the Court shall deal with the application in accordance with section 404 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).
