Malaysia legislation
Section 51
Section 51
(b)
any senior police officer;
(c)
any other police officer generally or specially authorized in that behalf by the Director General; and
(d)
any officer of the Customs Department acting under the instructions of a senior immigration officer, may without a warrant and with or without assitance—
(i)
enter and search any premises; or
(ii)
stop and search any vessel, vehicle or person, or search any aircraft, whether in a public place or not, if he has reason to believe that any evidence of the commission of an offence against this Act is likely to be found on such premises or person or in such vessel, vehicle or aircraft, and may seize any evidence so found.
(2)
No woman shall be searched under this section except by a woman.
(3)
Any police officer, immigration officer or Customs Officer may arrest without warrant any person who he reasonably believes has committed an offence against this Act.
(b)
The powers of arrest under paragraph (a) may—
(i)
in the case of *Peninsular Malaysia, be conferred by the Minister, after consultation with the
*NOTE— Throughout the Act, references to Peninsular Malaysia shall be construed as including references to the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan—see
P.U. (A) 160/1984.
Immigration 43
Government of the State concerned, in areas to be notified in the State Gazette, on a Penghulu or
Penggawa;
(ii)
in the case of Sabah, be conferred by the Director
General, with the approval of a Resident, in areas to be notified in the State Gazette, on any native officer within the meaning of the † Criminal Procedure
Code of Sabah [Ord. 4 of 1959];
(iii)
in the case of Sarawak, be conferred by the Director
General, with the approval of a Resident, in areas to be notified in the State Gazette, on any Tua
Kampong, Tuai Rumah or any Native or Chinese
Headman.
(4)
Where any person who is a citizen is arrested pursuant to subsection (3) by an immigration officer or by an officer of the
Customs Department or by a person authorized under paragraph
(3)
, the person making the arrest shall comply with section 28
of the Criminal Procedure Code [Act 593] as if he were a police officer.
(5)
Notwithstanding anything contained in this Act or in any subsidiary legislation made under this Act—
(a)
where any person who is a citizen is arrested or detained under this Act otherwise than for an offence against this
Act, and has not been earlier released, he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time for any necessary journey), be produced before a Magistrate and shall not be further detained in custody without the Magistrate’s authority;
and
(b)
where any person other than a citizen is arrested or detained under this Act, whether for an offence against this Act or otherwise than for such offence, and has not been earlier released, or charged in court for an offence against
†NOTE—The Criminal Procedure Code of Sabah [Ord. 4 of 1959] has been repealed by the
Criminal Procedure Code (Amendments and Extension) Act 1976 [Act A324]—see paragraph 4(b)
of Act A324.
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this Act or removed from Malaysia under this Act, he shall, within fourteen days of his arrest or detention, be produced before a Magistrate who shall make an order for his detention for such period as may be required by an immigration officer or a police officer for the purpose of investigations into an offence against this Act, or by an immigration officer for the purpose of either making inquiries, or effecting his removal from Malaysia, under this Act, and any provision of this Act or any subsidiary legislation made under this Act providing for the arrest or detention, otherwise than for an offence, of a person who is a citizen, or for the arrest or detention of a person other than a citizen, whether for an offence against this Act or otherwise than for such offence, shall be read as being subject to the provisions of paragraph (a) or (b), as may be applicable:
Provided that the Magistrate before whom such person is produced under paragraph (a) or (b), as the case may be, shall not authorize or order the detention of such person for a period in excess of the maximum period which may be specified in the provision under which he is to be detained.
(6)
Paragraph 5(b) shall have effect notwithstanding anything inconsistent therewith or contrary thereto in the Criminal Procedure
Code.
Immigration depot