Malaysia legislation

Section 31

of *ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001

Section 31

(a)

stop, enter, board, inspect, detain and search any conveyance for any property, document or information;

56 Laws of Malaysia

(b)

enter, inspect and search any premises belonging to or in the possession or control of the person or his employee, and in the case of a body corporate, its director or manager for any property, document or information;

(c)

break open, examine and search any article, container or receptacle found in any premises or conveyance that is being searched;

(d)

detain, take possession of, and remove from the premises or conveyance any property, document or information found in the premises, conveyance, article, container or receptacle, and detain it for such period as he considers necessary;

(e)

inspect, make copies of or take extracts from any document or information so detained;

(f)

search any person who is in, or on, such premises or conveyance, if the investigating officer has reason to suspect that the person has on his person any property, document or information, including personal documents, which in the opinion of the investigating officer are necessary for the purpose of an investigation into an offence under this Act and detain any thing found on such person.

(2)

An investigating officer may, if it is necessary to do so—

(a)

break open any outer or inner door of such premises or conveyance and enter such premises or conveyance;

(b)

remove by force any obstruction to such entry, search, detention or removal as he is empowered to effect; or

(c)

detain any person found on such premises, or in such conveyance, until the search is completed.

Anti-Money Laundering, Anti-Terrorism 57

Financing and Proceeds of Unlawful

Activities

(2A)

Where it appears to an investigating officer that by reason of its’

nature, size or amount it is not practicable or it is otherwise not desirable to remove any thing detained by him in the exercise of his powers under this

Act, he may, by any means, seal such thing in the premises, conveyance, article, container or receptacle in which it is found, and it shall be an offence for any person without lawful authority to break, tamper with or damage such seal or remove such thing or attempt to do so.

(3)

An investigating officer may take possession of, and detain for such duration as he thinks necessary, any property, document or information produced before him in the course of his investigation or found on the person who is being searched by him.

(4)

An investigating officer, in the course of his investigation or search, shall—

(a)

prepare and sign a list of every property, document or information detained; and

(b)

state in the list the location in which, or the person on whom, the property, document or information is found.

(5)

The occupant of the premises entered in the course of investigation, or any person on his behalf, shall be permitted to attend during the search, and a copy of the list prepared under subsection (4)

shall be delivered to such person at his request.

Power to examine persons

Section 31 — ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001