Malaysia legislation
Section 22
Section 22
Where a person charged with an offence under this
Ordinance or any regulations made hereunder is a body corporate, every person who at the time of the commission of the offence is a director or officer of that body corporate may be charged jointly in the same proceedings with the body corporate, and in the event the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or he had taken all reasonable measures or steps to prevent its commission.
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Power of arrest, search, seizure and investigation 23.―(1) A person authorized in writing by the Director (in this section referred to as an “authorized officer”) shall have the power to conduct an investigation where there is reason to believe that an offence or contravention of any provision of this Ordinance or regulations made hereunder has been committed.
(2)
The authorized officer shall have all the powers of a police officer of whatever rank as provided under the Criminal Procedure
Code [Act 593] in relation to arrest, search and seizure and police investigation into criminal offences, but such powers shall be in addition to the powers provided under this Ordinance and not in derogation thereof.
(3)
Upon completion of the investigation, the authorized officer shall forthwith give all information relating to the investigation to the Director.
(4)
Any person who―
(a)
hinders, impedes, obstructs or prevent an authorized officer from carrying any investigation into any offence under this section;
(b)
assaults or intimidates or threatens any authorized officer carrying out investigation under this section;
(c)
denies or prevents entry of an authorized officer into any premises, facility or land used for the regasification, processing, distribution, storage, treatment, separation or transportation of gas, to carry out investigation into an offence or suspected offence under this Ordinance or regulations made hereunder; or
(d)
knowingly or wilfully provide false information or documents to an authorized officer carrying out investigation under this section, shall be guilty of an offence and shall, upon conviction, be punished with a fine of not exceeding twenty thousand ringgit or imprisonment for a term not exceeding six months or to both.
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(5)
Whenever any person who is arrested under this section and the investigation cannot be completed within the period of twenty-four hours and there are reasonable grounds for believing that the accusation or information against him is well-founded, the investigating officer investigating the case under this section may deliver him to the nearest police station to be released on a bond or police bail or to be detained thereat pending arrangement to produce the person before a court of competent jurisdiction.
(6)
Where a person is brought before a Court under subsection
(5)
, the investigating officer shall comply with section 117(1) of the
Criminal Procedure Code [Act 593] and the Court shall have the powers over that person as are provided in section 117(2) of that
Code.
[Add. Cap. A211/2023]
Seizure of property when offender cannot be found