Section 28 — AKTA PERDAGANGAN STRATEGIK 2010

(a)

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

(b)

to stop, enter, board, inspect and search any place, premises, structure or conveyance and to detain any conveyance;

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(c)

to recall any conveyance that has departed from any port or place in Malaysia and to detain such conveyance;

(d)

to exercise the right of hot pursuit;

(e)

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

(f)

to investigate any offence under this Act;

(g)

to examine and seize any strategic items or unlisted items together with any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data relating to any offence under this Act;

(h)

to arrest any person that he has reason to believe has committed or is attempting to commit an offence under this Act; and

(i)

to expel any conveyance which he has reason to believe to be involved in a restricted activity or acting against national interest or national security.

(2)

Notwithstanding subsection (1), no conveyance shall be stopped, entered, boarded, searched, inspected or detained within the area of the territorial sea if the passage of the conveyance within the territorial sea is an innocent passage.

(3)

For the purpose of subsection (2), the passage of a conveyance is an innocent passage if and so long as the passage of the conveyance is not prejudicial to the peace, good order or national security of

Malaysia.

(4)

Notwithstanding any written law, for the purposes of subsection (3), the following activities shall be considered to be prejudicial to the peace, good order and national security:

Strategic Trade 37

(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 international law;

(b)

any exercise or practice with weapons of any kind;

(c)

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

(d)

any act of propaganda aimed at affecting the peace, national security or defence 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.

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