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In forceUpdated to 1 Dec 2011Read it in Bahasa Malaysia
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Part IV · Arrest, Investigation and Seizure

20. Power to intercept communication

(1)

Notwithstanding the provisions of any other written law, whether enacted before or after the commencement of this

Act, the Public Prosecutor, if he considers that it is likely to contain any information which is likely to be relevant for the purpose of any investigation into an offence under section 3, 4, or subsection 24(7), or any corresponding foreign law, or for the purpose of any proceedings under Part III, or for any other purpose under this Act, may, on the application of a police officer not below the rank of Superintendent of Police authorize any police officer—

(a)

to intercept, detain and open any postal article in the course of transmission by post;

(b)

to intercept any message transmitted or received by any telecommunication; or

(c)

to intercept or listen to any conversation by any telecommunication.

(2)

When any person is charged with an offence under section 3, 4, or subsection 24(7), or when any proceedings are taken under Part III, any information obtained by a police officer in pursuance of subsection (1), whether before or after such person is charged, or before or after such proceedings are commenced, shall be admissible at his trial in evidence, or in the proceedings as aforesaid, as the case may be.

(3)

An authorization by the Public Prosecutor under subsection (1) may be given either orally or in writing, and either to any particular police officer or generally to the

Inspector General of Police and all other police officers:

Provided that where an oral authorization is given, the

Public Prosecutor shall, as soon as practicable, reduce the authorization into writing.

Dangerous Drugs (Forfeiture of Property) 39

(4)

A certificate by the Public Prosecutor that the action taken by a police officer in pursuance of subsection (1) had been authorized by him under subsection (1) shall be conclusive evidence that it had been so authorized, and such certificate shall be admissible in evidence without proof of signature thereof.

(5)

No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter whatsoever related thereto, with regard to anything done under paragraph (a), (b) or (c) of subsection (1).

(6)

For the purpose of this section—

―postal article‖ shall have the same meaning as in the

*Post Office Act 1947 [Act 211]; and

―telecommunication‖ shall have the same meaning as in the **Telecommunications Act 1950 [Act 20].

Report

Read on from s 21

Part V

Forfeiture

Read on from Part V

Part VI

Evidence and Procedure

Read on from Part VI

Part VII

Assistance to a Foreign Country

Read on from Part VII

Part VIII

General

Read on from Part VIII

Schedules