Money Services Business Act 2011 · s 55

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55.
Search and seizure with warrant
(1)
If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that—
(a) any premises have been used or are about to be used for;
or
(b) there is in any premises evidence necessary for the conduct of an investigation into,

56                                          Laws of Malaysia the commission of an offence under this Act, the Magistrate may issue a warrant authorizing an investigating officer named in the warrant, at any reasonable time, by day or by night and with or without assistance, to enter the premises and if need be by force.
(2)
A warrant issued under subsection (1) may authorize the investigating officer to—
(a) enter any premises and there search for, seize and detain any property, apparatus, equipment, machinery, computer, computer output, system, document or information;
(b) inspect, make copies of, or take extracts from, any property, apparatus, equipment, machinery, computer, computer output, system, document or information so seized and detained;
(c) take possession of, and remove from the premises, any property, apparatus, equipment, machinery, computer, computer output, system, document or information so seized and detained;
(d) search any person who is in, or on, such premises, and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property, apparatus, equipment, machinery, computer, computer output, system, document or information found on the person;
(e) break open, examine, and search, any article, container or receptacle; or
(f) stop, detain or search any conveyance.
(3)
An investigating officer searching any person under paragraph
(2)(d) may detain the person for such period as may be necessary to have the search carried out which shall not in any case exceed twenty-four hours without the authorization of a Magistrate, and may

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if necessary remove him in custody to another place as the Bank may determine to facilitate such search.
(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.
(5)
An investigating officer may, in the exercise of his powers under this section, if it is necessary so to do—
(a) break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;
(b) forcibly enter the premises and every part of the premises;
(c) remove by force any obstruction to entry, search, seizure, detention or removal as he is empowered to effect under this section; and
(d) detain any person found in the premises until the search has been completed.

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s 55Search and seizure with warrant

(1)

If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that—

(a)

any premises have been used or are about to be used for;

(b)

there is in any premises evidence necessary for the conduct of an investigation into,

(2)

A warrant issued under subsection (1) may authorize the investigating officer to—

(a)

enter any premises and there search for, seize and detain any property, apparatus, equipment, machinery, computer, computer output, system, document or information;

(b)

inspect, make copies of, or take extracts from, any property, apparatus, equipment, machinery, computer, computer output, system, document or information so seized and detained;

(c)

take possession of, and remove from the premises, any property, apparatus, equipment, machinery, computer, computer output, system, document or information so seized and detained;

(d)

search any person who is in, or on, such premises, and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property, apparatus, equipment, machinery, computer, computer output, system, document or information found on the person;

(e)

break open, examine, and search, any article, container or receptacle; or

(f)

stop, detain or search any conveyance.

(3)

An investigating officer searching any person under paragraph

(2)

(d)

may detain the person for such period as may be necessary to have the search carried out which shall not in any case exceed twenty-four hours without the authorization of a Magistrate, and may

Money Services Business 57

if necessary remove him in custody to another place as the Bank may determine to facilitate such search.

(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.

(5)

An investigating officer may, in the exercise of his powers under this section, if it is necessary so to do—

(a)

break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;

(b)

forcibly enter the premises and every part of the premises;

(c)

remove by force any obstruction to entry, search, seizure, detention or removal as he is empowered to effect under this section; and

(d)

detain any person found in the premises until the search has been completed.