Malaysia legislation
Section 40
Section 40
Commission at a hearing shall not refuse—
(a)
any premises has been used for; or
(b)
in any premises, there is evidence necessary to investigate, the misconduct, the Magistrate may issue a warrant authorizing the
Commissioner or a member of the Task Force named therein, at any reasonable time by day or 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
Commissioner or the member of the Task Force to—
(a)
search the premises for, and to seize or remove from the premises, any conveyance, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the misconduct;
Enforcement Agency Integrity Commission 33
(b)
take samples of any thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the misconduct has been committed; and
(c)
make copies of or take extracts from any book, record, document or other article found in the premises.
(3)
The Commissioner or member of the Task Force entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.
(4)
The Commissioner or member of the Task Force 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)
remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect under this section; and
(c)
detain any person found in the premises until the search has been completed.
Search and seizure without warrant