Section 44
Surrender of travel documents
of Malaysian Anti-Corruption Commission Act 2009
Notwithstanding any written law to the contrary, the
Public Prosecutor or an officer of the Commission of the rank of
Commissioner or above as authorized by the Public Prosecutor may, where he has grounds to believe that any person who is the subject of an investigation in respect of an offence under this
Act suspected to have been committed by him is likely to leave
Malaysia, by written notice require such person to surrender his certificate of identity, passport or exit permit, or any other travel document in his possession.
(2)
A notice under subsection (1) shall be served personally on the person to whom it is addressed.
*NOTE—The Postal Services Act 1991 [Act 465] has since been repealed by the Postal Services Act 2012
[Act 741] which come into operation on 1 April 2013—see subsection 110 of Act 741.
Malaysian Anti-Corruption Commission 53
(3)
A person on whom a notice under subsection (1) is served shall comply with such notice forthwith, failing which he may be arrested and taken before a Magistrate.
(4)
Where a person is taken before a Magistrate under subsection (3), the Magistrate shall, unless such person complies with the notice under subsection (1) or satisfies the Magistrate that he does not possess a travel document, by warrant commit him to prison—
(a)
until the expiry of the period of fourteen days from the date of his committal; or
(b)
until he complies with the notice under subsection (1), whichever occurs earlier.
(5)
For the purpose of subsection (4), a certificate signed by the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor to the effect that the person has complied with the notice under subsection (1) shall be sufficient warrant for the Superintendent of Prison to discharge such person.
(6)
No legal proceedings shall be instituted or maintained against the Government, an officer of the Commission, a public officer or any other person, in respect of anything lawfully done under this section.