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← Communications and Multimedia Act 1998

Communications and Multimedia Act 1998 s 252

s 252 Power to intercept communications

(1) Notwithstanding the provisions of any other written law, the Public Prosecutor, if he considers that any communications is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act or its subsidiary legislation, may, on the application of an authorized officer or a police officer of or above the rank of Superintendent, authorize the officer to intercept or to listen to any communication transmitted or received by any communications. (2) When any person is charged with an offence under this Act or its subsidiary legislation, any information obtained by an authorized officer or a police officer under subsection (1), whether before or after the person is charged, shall be admissible at his trial in evidence. (3) An authorization 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 shall, as soon as practicable, reduce the authorization into writing. (4) A certificate by the Public Prosecutor stating that the action taken by an authorized officer or a police officer under subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized, and the certificate shall be admissible in evidence without proof of his signature there. (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 to it, of anything done under subsection (1).

Read this section in the full act β†’ Β· Open Chapter 3 β†’

Find Act 588 on lom.agc.gov.my β†—

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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).

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