Malaysia legislation
Section 89
Section 89
(a)
any private healthcare facility or premises has been used or is about to be used for; or
(b)
there is in any private healthcare facility or premises evidence necessary to establish, the commission of an offence under this Act, the Magistrate may issue a search warrant in respect of such facility or premises to an
Inspector.
(2)
An Inspector to whom a search warrant has been issued under subsection (1) may, at any time by day or by night and with or without assistance—
(a)
enter the private healthcare facility or premises, if need be by force; and
(b)
search the private healthcare facility or premises for and seize, and remove from the facility or premises, any book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body,
70 Laws of Malaysia ACT 586
dialysate, chemical, pharmaceutical, substance or any other thing—
(i)
in respect of which an offence has been committed;
(ii)
in respect of which an offence is suspected to have been committed; or
(iii)
that is reasonably believed to furnish evidence of the commission of the offence.
(3)
An Inspector may—
(a)
break open any outer or inner door of any healthcare facility or premises, or any fence, enclosure, gate or other obstruction to the healthcare facility or premises, in order to effect entry thereinto;
(b)
remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under subsection (2);
(c)
detain every person found in the healthcare facility or premises until the facility or premises have been searched;
(d)
in the case of a mobile healthcare facility or premises, seize such healthcare facility or premises;
(e)
place any book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or other thing, in a container;
(f)
where any book, record, document, apparatus, equipment, instrument, material, article, sample, blood or blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or other thing referred to in paragraph (e) has been seized on any private healthcare facility or premises
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entered into in accordance with section 88 or 89, place the book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or other thing in a room, compartment or cabinet located on that private healthcare facility or premises;
(g)
mark, fasten and seal the container referred to in paragraph (e) or, as the case may be, the door or opening providing access to the room, compartment or cabinet referred to in paragraph (f).
Search and seizure without warrant