Malaysia legislation
Section 29
Section 29
Search and seizure with warrant
(2)
A warrant issued under subsection (1) may authorize the
Assistant Controller to—
(a)
search the premises for, and seize any property, document or computerized data that is reasonably believed to furnish evidence of the commission of such offence;
(b)
remove from the premises any property, document or computerized data seized under paragraph (a) and detain it for such period as the Assistant Controller thinks necessary;
(c)
search any person who is found on such premises, if the
Assistant Controller has reason to suspect that such person has on his person any property, document or computerized data, including personal document, that is reasonably believed to furnish evidence of the commission of such offence and seize such property, document or computerized data;
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(d)
remove from a person searched under paragraph (c) such property, document or computerized data seized under that paragraph and detain it for such period as the Assistant
Controller thinks necessary; and
(e)
inspect, make copies of, or take extracts from, any property, document or computerized data seized and detained under paragraphs (b), (c) and (d).
(3)
If it is necessary to do so, an Assistant Controller may in the exercise of his powers under subsection (1)—
(a)
break open any door of any premises and enter such premises;
(b)
forcibly enter any premises and every part of such premises;
(c)
break open, examine and search any article, container or receptacle;
(d)
remove by force any obstruction to such entry, search, seizure, detention or removal as he is empowered to effect; or
(e)
detain any person found on any premises until the search is completed.
(4)
If, by reason of its nature, size or amount, it is not practicable to remove any property, document or computerized data seized under subsection (1), the Assistant Controller shall, by any means, seal such property, document or computerized data in the premises or container in which it is found.
(5)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (4) or removes any property, document or computerized data under seal or attempts to do so shall be guilty of an offence.
Search and seizure without warrant 29a. Where an Assistant Controller in any of the circumstances referred to in section 29 has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section, the investigation would be adversely affected or evidence of the
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commission of an offence is likely to be tampered with, removed, damaged or destroyed, the Assistant Controller may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 29 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.
Assistant Controller may take other persons 29b. Any Assistant Controller entering any premises by virtue of section 29a may take with him such other persons and such equipment as may appear to him necessary, and on leaving any premises which he has entered in the exercise of his powers under this Part he shall, if the premises are unoccupied or where the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
Access to computerized data 29c. (1) An Assistant Controller conducting a search under this
Act shall be given access to computerized data whether stored in a computer or otherwise.
(2)
For the purpose of this section, “access”—
(a)
includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of such computerized data; and
(b)
has the same meaning assigned to it by subsections 2(2)
and (5) of the Computer Crimes Act 1997 [Act 563].
List of things seized 29d. (1) Where any property, document or computerized data is seized under this Part, the Assistant Controller shall, as soon as practicable, prepare a list of the things seized and of the places in which they are respectively found and deliver a copy of the list signed by him to the occupier of the premises which has been searched, or to his agent or servant, at the premises.
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(2)
Where the premises are unoccupied, the Assistant Controller shall whenever possible post a list of the things seized conspicuously on the premises.
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