Malaysia legislation
Section 28H
Section 28H
(a)
declare whether or not the person has with him any cash or bearer negotiable instruments;
(b)
declare the total value of any cash or bearer negotiable instruments that the person has with him;
(c)
declare whether or not a declaration under section 28B has been made in respect of any cash or bearer negotiable instruments that the person has with him;
(d)
produce to the authorized officer any cash or bearer negotiable instruments that the person has with him;
(e)
answer any question that the authorized officer may have with respect to the cash or bearer negotiable instruments.
(2)
An authorized officer may, with such assistance as is reasonable and necessary—
(a)
search a person or examine any article, baggage or property which the person has with him for the purpose of finding out whether a person has with him any cash or bearer negotiable instruments in respect of which a declaration under section 28B is required to be made;
(b)
enter any premises and examine or search the premises for the purposes of ascertaining whether there is at or in the premises any cash or bearer negotiable instruments in respect of which a declaration under section 28B or 28C is required to be made;
(c)
board any conveyance and examine or search the conveyance for the purpose of ascertaining whether there is on board the conveyance any cash or bearer negotiable instruments in respect of which a declaration under section 28B or 28C is required to be made;
52 Laws of Malaysia
(d)
open, examine or search any article, container, package, receptacle or any thing found at or in the premises or on the conveyance for the purpose of ascertaining whether or not there is any cash or bearer negotiable instrument in respect of which a declaration under section 28B or 28C is required to be made;
(e)
detain any cash, bearer negotiable instruments or any other thing found in the course of an examination or search under paragraph (a), (b), (c) or (d) if an authorized officer has reason to suspect that such cash, bearer negotiable instruments or other thing may afford evidence relating to the commission of an offence under this Part; or
(f)
take possession of, and remove from the premises or conveyance, any cash, bearer negotiable instruments or other thing so detained.
(3)
No person shall be searched under this Part except by an authorized officer of the same gender and such search shall be carried out with strict regard to decency.
(4)
Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1), or pursuant to any such requirement knowingly or recklessly makes a declaration or gives an answer that is false in a material particular, commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part thereof during which the offence continues to be committed.
(5)
Any person who fails to comply with any lawful demands of any authorized officer in the exercise of his powers under this Part commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part thereof during which the offence continues to be committed.
Anti-Money Laundering, Anti-Terrorism 53
Financing and Proceeds of Unlawful
Activities
Power of arrest without warrant