Malaysia legislation
Section 38
Section 38
(a)
any person found committing or attempting to commit or employing or aiding any person to commit or abetting the commission of an offence under this Act;
(b)
any person whom he may reasonably suspect to have in his possession any book, data, document or other record or thing liable to seizure under this Act; or
(c)
any person whom he may reasonably suspect to have committed an offence under this Act, and the officer of customs may search or cause to be searched any person so arrested.
(2)
Notwithstanding subsection (1)—
(a)
any person so arrested by an officer of customs who requests that his person be searched in the presence of a senior officer of customs shall not be searched except in the presence of and under the supervision of a senior officer of customs, but that person may be detained until the arrival of the senior officer of customs, or taken to any office or police station where the senior officer of customs may be found;
(b)
the belonging of any person who requests to be present when it is searched and so presents himself within a reasonable time shall not be searched except in his presence; and
(c)
no person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
(3)
Any officer of customs making an arrest under subsection (1)
shall, without unnecessary delay, bring the person arrested to the
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Law of Malaysia nearest police station, and thereafter the person shall be dealt with in accordance with the law relating to criminal procedure for the time being in force.
(4)
If any person liable to be arrested under this Act is not arrested at the time of committing the offence for which he is so liable, or after arrest makes his escape, he may at any time thereafter be arrested and dealt with as if he had been arrested at the time of committing the offence.
(5)
Every person so arrested may be released from custody—
(a)
on his depositing such reasonable sum of money as the senior officer of customs may require;
(b)
on his executing a bond with such surety as the senior officer of customs may require; or
(c)
on his depositing such reasonable sum of money as the senior officer of customs may require and his executing a bond with such surety as the senior officer of customs may require.
(6)
Any person who has been released from custody under subsection (5) may be arrested without warrant by any officer of customs—
(a)
if the officer of customs has reasonable grounds for believing that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be breached; or
(b)
on being notified in writing by the surety of such person that such person is likely to breach any condition on or subject to which such person was released and that the surety wishes to be relieved of his obligation as surety.
Tourism Tax 45