Malaysia legislation

Section 20

of *DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988

Section 20

(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 or listen to any conversation by any telecommunication.

(2)

When any person is charged with an offence under section 3, 4, or subsection 24(7), or when any proceedings are taken under Part III, any information obtained by a police officer in pursuance of subsection (1), whether before or after such person is charged, or before or after such proceedings are commenced, shall be admissible at his trial in evidence, or in the proceedings as aforesaid, as the case may be.

(3)

An authorization by the Public Prosecutor under subsection (1) may be given either orally or in writing, and either to any particular police officer or generally to the

Inspector General of Police and all other police officers:

Provided that where an oral authorization is given, the

Public Prosecutor shall, as soon as practicable, reduce the authorization into writing.

Dangerous Drugs (Forfeiture of Property) 39

(4)

A certificate by the Public Prosecutor that the action taken by a police officer in pursuance of subsection (1) had been authorized by him under subsection (1) 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 whatsoever related thereto, with regard to anything done under paragraph (a), (b) or (c) of subsection (1).

(6)

For the purpose of this section—

―postal article‖ shall have the same meaning as in the

*Post Office Act 1947 [Act 211]; and

―telecommunication‖ shall have the same meaning as in the **Telecommunications Act 1950 [Act 20].

Special powers of investigation

Section 20 — DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988