Securities Commission Act 1993 · Updated to 1 Mar 2016 · Part V · Enforcement and Investigation
132. Surrender of travel documents
Feedback & supportNotwithstanding any written law to the contrary, if an
Investigating Officer of the Commission has grounds to believe that any person, who is the subject of an investigation in respect of an offence under a securities law suspected to have been committed by such person, is likely to leave Malaysia, the Investigating Officer of the Commission, with the approval of the Commission, may by
officer
“officer”, in relation to— (a) the Commission, means any officer employed under section 20 and includes an Investigating Officer of the Commission appointed under section 125; and (b) a corporation, has the meaning assigned to it in the Companies Act 1965;
Securities Commission Malaysia 85
Commission
“Commission” means the Securities Commission Malaysia established under section 3;
written notice require such person to surrender his certificate of identity, passport or exit permit, or any other travel document in his possession.
A notice under subsection (1) shall be served in the manner specified in section 134.
A person on whom a notice under subsection (1) is served shall comply with such notice forthwith, failing which he may be arrested and taken before a Magistrate.
Where a person is taken before a Magistrate under subsection
, the Magistrate shall, unless such person complies with the notice under subsection (1) or satisfies the Magistrate that he does not possess a travel document, by warrant commit him to prison—
until the expiry of a period of fourteen days from the date of his committal; or
until he complies with the notice under subsection (1), whichever occurs earlier.
For the purpose of subsection (4), a certificate signed by the
Public Prosecutor to the effect that the person has complied with the notice under subsection (1) shall be sufficient warrant for the
Superintendent of Prison to discharge such person.
An Investigating Officer of the Commission may, with the approval of the Commission, by notice issued to any Immigration
Officer, request that any person who is the subject of an investigation in respect of an offence under a securities law be prevented from leaving Malaysia.
The Immigration Officer, upon being notified of a request made under subsection (6), may require the person who is the subject of an investigation in respect of an offence under a securities law to surrender his certificate of identity, passport or exit permit, or any other travel document in his possession to the Immigration Officer.
86 Laws of Malaysia ACT 498
Subject to any order issued or made under any written law relating to banishment or immigration, “immigration officer”
means any person appointed under section 3 of the Immigration
Act 1959/1963 [Act 155].
No legal proceedings shall be instituted or maintained against the Government, an immigration officer, an officer of the
Commission, a public officer or any other person, in respect of anything done under this section.