Section 7 — AKTA AGENCY PENGUATKUASAAN MARITIM MALAYSIA 2004

(2)

In particular, but without prejudice to the generality of subsection (1), the Agency shall have power—

(a)

to receive and consider any report of the commission of an offence;

(b)

to stop, enter, board, inspect and search any place, structure, vessel or aircraft and to detain any vessel or aircraft;

(c)

to demand the production of any licence, permit, record, certificate or any other document and to inspect such licence, permit, record, certificate or other document or make copies of or take extracts from such licence, permit, record, certificate or other document;

(d)

to investigate any offence which it has reason to believe is being committed, or is about to be committed or has been committed;

(e)

to exercise the right of hot pursuit;

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(f)

to examine and seize any fish, article, device, goods, vessel, aircraft or any other item relating to any offence which has been committed or it has reason to believe has been committed;

(g)

to dispose of any fish, article, device, goods, vessel, aircraft or any other item relating to any offence which has been committed or it has reason to believe has been committed;

(h)

to arrest any person whom it has reason to believe has committed an offence; and

(i)

to expel any vessel which it has reason to believe to be detrimental to the interest of or to endanger the order and safety in the Malaysian Maritime Zone.

(3)

Without prejudice to the generality of subsection (1), an officer of the Agency shall have, for the purpose of this Act, all the powers which any relevant agency may exercise under any federal law which is applicable in the Malaysian Maritime Zone.

(4)

Notwithstanding subsection (2), no vessel shall be stopped, entered, boarded, searched, inspected or detained within the area of territorial sea if the passage of the vessel within the territorial sea is an innocent passage.

(5)

For the purpose of subsection (4) the passage of a vessel is an innocent passage if and so long as the passage of the vessel is not prejudicial to the peace, good order or security of Malaysia.

(6)

Notwithstanding any written law, for the purposes of subsection (5), the following activities shall be considered to be prejudicial to the peace, good order and security of Malaysia:

(a)

any threat or use of force against the sovereignty, territorial integrity or political independence of Malaysia or any act which in any manner is a violation of the principles of

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international law;

(b)

any exercise or practice with weapons of any kind;

(c)

any act aimed at collecting information to the prejudice of the defence or security of Malaysia;

(d)

any act of propaganda aimed at affecting the peace, defence or security of Malaysia;

(e)

the launching, landing or taking on board of any aircraft;

(f)

the launching, landing or taking on board of any military device;

(g)

the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or health laws of Malaysia;

(h)

any act of pollution;

(i)

any fishing activities;

(j)

the carrying out of unauthorized research or survey activities;

(k)

any act aimed at interfering with any systems of communication or any other facilities or installations of

Malaysia; and

(l)

any other activity not having a direct bearing on passage.

Additional powers