Malaysia legislation

Section 390c

of CRIMINAL PROCEDURE CODE (AMENDMENT) (NO. 2) ACT 2012

Section 390c

The following devices may be used for the purpose of electronic monitoring:

(a)

a device which is—

(i)

attached to a person;

(ii)

either directly or through a device referred to in paragraph (b) or (c), linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;

(iii)

either directly or through a device referred to in paragraph (b) or (c), capable of transmitting to the receiving centre information relating to—

(A)

the particular place at which the device is located at a particular time; and

(B)

the functioning of the device; and

(iv)

capable of detecting any tampering with the device and transmitting to the receiving centre information relating to such tampering;

(b)

a portable tracking device which is, in conjunction with a device referred to in paragraph (a)

(i)

linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;

(ii)

capable of detecting the device referred to in paragraph (a) and transmitting to the receiving centre information relating to particular place at which the devices are located at a particular time;

(iii)

capable, where the portable tracking device fails to detect the device referred to in paragraph (a), of transmitting to the receiving centre information relating to such failure; and

(iv)

capable of transmitting to the receiving centre information relating to the functioning of the devices; or

(c)

a site monitoring device which is—

(i)

linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;

(ii)

in conjunction with a device referred to in paragraph (a), capable of—

(A)

detecting the presence or absence of the device referred to in paragraph (a) in or from a particular place at a particular time; and

(B)

transmitting to a receiving centre information relating to such presence or absence; and

(iii)

capable of transmitting to the receiving centre information relating to the functioning of the device.".

New section 445