Malaysia legislation
Section 83
Section 83
The principal Act is amended by inserting after section 111b the following section:
“Power to intercept communications 111c. (1) Notwithstanding the provisions of any other written law, the Public Prosecutor may, if he considers that it is likely to contain any information which is relevant for the purposes of investigation into any offence under this Act, on the application of a senior officer of customs, authorize any proper officer of customs—
(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.
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(2)
When any person is charged with an offence under this Act, any information obtained by any proper officer of customs in pursuance of subsection (1), whether before or after such person is charged, shall be admissible in evidence at his trial.
(3)
An authorization by the Public Prosecutor under subsection (1) may be given either orally or in writing, but if an oral authorization is given, the Public Prosecutor shall, as soon as practicable, reduce the authorization into writing.
(4)
A certificate by the Public Prosecutor stating that the action taken by the proper officer of customs 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 related thereto, of anything done under paragraphs (1)(a),
(b)
or (c).”.
Amendment of section 112