Section 85
Substitution of section 113
of Customs (Amendment) Act 2019
The principal Act is amended by substituting for section 113
the following section:
“Search of persons etc., arriving in Malaysia
Quoted provision
Section 113
Any person landing, or about to land, or having recently landed, from any vessel or aircraft, or leaving any vessel in territorial waters or aircraft, whether for the purpose of landing or otherwise, or entering or having recently entered
Malaysia by road or railway shall, on demand by any proper officer of customs,—
(a)
permit his person, goods and baggage to be searched by such officer or otherwise examined by any other means; or
(b)
accompany such proper officer of customs together with his goods and baggage to a customs office or police station and there permit his person, goods and baggage to be searched by the proper officer of customs.
(2)
If the person referred to in subsection (1) requests that his person be searched in the presence of a senior officer of customs, he shall not be searched except in the presence of and under the supervision of such officer, but such person may be detained until the arrival of such officer, or taken to any customs office or police station where such officer may be found.
(3)
If the person referred to in subsection (1) requests the goods and baggage to be searched in his presence and so present himself within a reasonable time, the goods and baggage shall not be searched except in his presence.
(4)
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.”.
74
Amendment of section 114